ii. Pay the victims the salaries and labor and/or social benefits they did not receive from the
time they were dismissed until the time their reincorporation takes effect, or else the
alternative compensation referred to in the foregoing recommendation.
iii. Adopt measures to prevent a recurrence of what happened, including measures to
ensure that domestic rules and regulations and relevant practices are governed by clear
criteria and provide guarantees with respect to the appointment, term and dismissal of
judges, in accordance with the norms established in the American Convention.”
d) Notification of the State. – The Merits Report was notified to the State on May 2,
2011. The State was granted a period of two months to report on its compliance with
the recommendations. On July 15, 2011 the State of Ecuador presented a report
which, in the Commission’s view, “did not reveal any substantial progress on
implementation of the recommendations.”
e) Submission to the Court. - On August 2, 2011, considering “the need to obtain
justice for the [alleged] victims”, the Commission submitted the case to the Court.
The Commission appointed Commissioner Luz Patricia Mejía, and then Executive
Secretary of the Inter-American Commission, Santiago A. Cantón, as its delegates
and appointed Assistant Executive Secretary Elizabeth Abi-Mershed and Silvia
Serrano Guzmán, an attorney of the Executive Secretariat of the Commission, as its
legal advisors.
II
PROCEEDING BEFORE THE COURT
3.
Notification of the State and of the representatives – The Commission notified the
State and the representatives of the alleged victims of the submission of the case on
September 21, 2011.
4.
Brief of pleadings, motions and evidence. – On November 18, 2011 Ramiro Ávila
Santamaría and David Cordero Heredia (hereinafter “the representatives”) submitted to the
Court their brief of pleadings, motions and evidence (hereinafter “brief of pleadings and
motions”). They agreed substantially with the Commission’s arguments and asked the Court
to declare the State’s international responsibility for the violation of the same articles cited
by the Commission. In addition, they requested that the Court declare the violation of
Articles 23 (Right to Participate in Government) and 24 (Right to Equal Protection before the
Law) of the Convention, to the detriment of the 27 alleged victims.
5.
Answer brief. – On February 14, 2012 the State submitted to the Court a brief
containing a preliminary objection, an analysis of the recommendations issued by the InterAmerican Commission, its answer to the brief submitting the case and observations to the
brief of pleadings and motions (hereinafter “answer brief”). In addition, the State appointed
Mr. Erick Roberts Garcés as its Principal Agent, and Mr. Alonso Fonseca and Mrs. María
Dolores Miño as Alternate Agents.
6.
Observations to the preliminary objection– On May 8 and 11, 2012 the representatives
of the alleged victims and the Commission, respectively, presented their observations to the
preliminary objection filed by the State.
7.
Public hearing and additional evidence –The President of the Court (hereinafter “the
President”) in an Order of December 20, 2012, summoned the parties to a public hearing
and specified the statements that would be received at the public hearing and those that
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