3
a)
as to the obligation to publish at least once, in Ecuador’s Official Daily and in
another daily of high national circulation, the section entitled “Proven Facts” as well
as the judgment’s operative paragraphs:
i.
the State published what the Court ordered in the Official Registry, No.
360, on September 20, 2006, and
ii.
out;
the publication in a daily of high circulation has not yet been carried
b)
as for the obligation to erase the criminal record of Mr. Rigoberto Acosta
Calderón from the public registries, the State has complied with said measure, and
c)
regarding the payments for pecuniary and non-pecuniary damage to Mr.
Acosta Calderón, as well as the reimbursement of costs and expenses to the CEDHU
and messers. Alejandro Ponce Villacís and Acosta Calderón, the State did carry out
said payments, adding that on December 27, 2006, the State made a payment of
US$62,000 to Mr. Rigoberto Acosta Calderón through a certificate of deposit in his
name at the Banco de Guayaquil, “until he appears to lay claim to the assets.”
4.
The communication presented by the Inter-American Commission of Human Rights
(hereinafter, “the Commission” or “the Inter-American Commission”) on August 10, 2007,
and January 31, 2008, which stated, inter alia, that “the information presented by the State
allows the conclusion that Ecuador has complied with its international obligations”,
specifically:
a)
as to its obligation to publish, at least once in Ecuador’s official daily and in
another daily with high national circulation, both the section entitled “Proven Facts”
and the judgment’s operative paragraphs – both the State and the representatives
communicated that the publication in the official daily has been carried out. The
Commission added that the State reported that on December 29, 2006, it carried out
the publication in the daily “La Hora”, and that though it doesn’t have the comments
of the representatives, “it has seen the document submitted by the State and
appreciates the publication made”;
b)
as for the obligation to erase the criminal record of Mr. Rigoberto Acosta
Calderón from the public registry, the State stated that the measure was fully
complied with, and therefore “appreciates the actions carried out by the State to
comply with this important aspect of the Judgment” and
c)
relating to the payments for pecuniary and non-pecuniary damage to Mr.
Acosta Calderón, as well as the reimbursement of costs and expenses to the CEDHU
and to messers. Alejandro Ponce Villacís and Acosta Calderón, that “except in the
case of information to the contrary from the injured party, [the Commission] is of
opinion that the State has complied with its obligation.”