chin. Ms. Salazar was shot several times while in the vehicle. These circumstances
caused them suffering, in a situation of great anxiety and fear. In addition, the State is
responsible for the violation of the right to personal integrity to the detriment of the next
of kin of the persons named in the Merits Report (supra para. *) because they suffered
harm to their psychological and moral integrity.
44.
Additionally, pursuant to its acknowledgment of responsibility, Ecuador is
responsible for the violation of the rights to judicial guarantees and judicial protection,
set forth in Articles 8(1) and 25 of the American Convention, read in conjunction with
articles 1(1) and 2 of the same instrument, to the detriment of the aforementioned
relatives of Mr. Huacón and Ms. Salazar, as a result of:
i.
The lack of sufficient guarantees of independence and impartiality on the part
of the police criminal judges, due to the “functional and administrative
dependence of the police justice system on the Executive and the impossibility
of requesting a judicial review in the ordinary jurisdiction”; the “manner in
which [the police criminal judges] were appointed”; the “lack of sufficient
guarantees of stability in their position”; and the “active service status of the
majority of those intervening.”
ii.
The violation of the right to a competent authority, since the investigation
should have been conducted in the ordinary jurisdiction, and not in the police
criminal jurisdiction, as was done in the instant case, given that “since human
rights violations were involved (specifically, violations of the right to life and
personal integrity), there is no way the facts may be construed as offenses
committed during the course of duties.”
iii.
The violation of due diligence and reasonable period of time, given the
irregularities related to the police officers’ failure to hand over their weapons
for ballistics reports; the failure to conduct a forensic examination of Mr.
Huacón's car; and the fact that the investigation of officer J.C.B. remained
open for more than 22 years after the facts took place.
iv.
The situation of impunity surrounding the facts of the case, and that the State
“has failed to comply with its duty to conduct an adequate investigation with
a view to identifying and, where applicable, punishing the persons responsible
for the extrajudicial executions of Walter Gonzalo Huacón Baidal and
Mercedes Eugenia Salazar Cueva.”
VI
REPARATIONS 19
45.
In view of the friendly settlement agreement reached by the parties to provide
reparations to the victims in the instant case, which has been approved by this Court
(supra paras. 25 and 26), and taking into account the significance and extent of the
violations recognized by the State, the Court will now set forth the measures agreed
upon and, where necessary, establish their scope and forms of execution, as well as
details on supervising compliance with them. Moreover, as determined above (supra
para. 31), this Court will establish reparations to the benefit of William Huacón.
A) Injured party and other beneficiaries of the friendly settlement
agreement
19
Application of Article 63(1) of the American Convention in the context of approval of the friendly
settlement agreement.
12