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attorneys of the Executive Secretariat of the IACHR, have been designated to serve as legal
advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court,
the Commission is enclosing a copy of Merits Report No. 77/12, prepared in compliance with
Article 50 of the American Convention, as well as a copy of the entire file before the InterAmerican Commission (Appendix I.) and the attachments used to prepare the Report on the
Merits (Attachment). The Commission adopted its Report on the Merits No. 77/12 on
November 8, 2012 and transmitted to the State on December 3, 2012, granting it two
months to provide information on the measures adopted in compliance with the
recommendations.
The State of Peru requested a 3 month extension period as provided in article 51 of
the American Convention, and expressly waived to file preliminary exceptions, in relation to
such period, in the eventual submission of the case to the Inter-American Court. The
Commission requested to the State to present a report on May 20, 2013, regarding the
progress on the fulfillment of the recommendations. That day, the State submitted a report
indicating that the recommendation to compensate the relatives of the victims for the
violations of the right of judicial guarantees and judicial protection was non-viable. In the
arguments of the State, the State said that there was no violation of the guarantee of a
reasonable time insofar as the Commission had made a mistake counting the time during
which the amnesty law was in effect.
The Peruvian State submitted information regarding some progress in the fulfillment
of the remaining two recommendations. However, and with the express refusal of the State
to explore a mechanism to comply with the recommendation to repair the denial of justice for
a long period of time and in connection with the absence of a new request of extension, the
Commission decided to submit the case to the jurisdiction of the Court by the need to obtain
justice for the victims.
The Commission submits to the jurisdiction of the Court all the facts and violation of
Human Rights described on the Merits Report 77/12. According to the above mention, the
Commission request to the Court to conclude the international responsibility of the State of
Ecuador for:
1. Violating the right to life enshrined in Article 4.1 of the American Convention, in conjunction
with Article 1.1 thereof, with respect to Zulema Tarazona Arrieta and Norma Pérez Chávez.
The Commission believes that since the competent courts convicted the perpetrator and
enforced the payment of moral compensation to the families of the deceased victims, the
violation was remedied in part.
2. Violating the right to humane treatment enshrined in Article 5.1 of the American Convention,
in conjunction with Article 1.1 thereof, with respect to Luis Alberto Bejarano Laura. The
Commission believes that since the competent courts convicted the perpetrator of the victim’s
injuries and enforced the payment of moral compensation to the victim, the violation was
remedied in part.
3. Violating the right to a fair trial and to judicial protection enshrined in Articles 8 and 25 of the
American Convention, in conjunction with Articles 1.1 and 2 thereof, with respect to the nextof-kin of Zulema Tarazona Arrieta and of Norma Pérez Chávez, and with respect to Alberto
Bejarano Laura.
4. Violating the right to humane treatment enshrined in Article 5.1 of the American Convention,
in conjunction with Article 1.1 thereof, with respect to the next-of-kin of Zulema Tarazona
Arrieta and of Norma Pérez Chávez, and with respect to Alberto Bejarano Laura.