46.
The Court considers Walter Gonzalo Huacón Baidal, Mercedes Eugenia Salazar
Cueva, Mary del Pilar Chancay Quimis, Wilson Eduardo Huacón Baidal, Karent Lisset
Huacón Chancay, Walther Bryan Huacón Chancay, Wilson Fabián Huacón Salazar, Karla
Fernanda Huacón Salazar, Kerlly Mercedes Huacón Salazar and William Huacón as the
"injured party," as they are the persons declared victims in this judgment, based on the
agreement reached by the parties and Ecuador's acknowledgment of responsibility(supra
paras. 18 to 26, 31 and 41 to 44). Therefore, the aforementioned persons will be
considered beneficiaries of the reparations ordered by the Court. Notwithstanding the
foregoing, it is noted for the record that the parties reported that Wilson Huacón Baidal
had passed away (supra footnote 6), and the representatives clarified that, "in the
agreement [...] the amounts corresponding to his compensation as a victim—because
he was widowed by the extrajudicial execution—were directly added to the monetary
compensation received by his children.”
47.
Additionally, the Court notes that in section 4(3)(5) of the friendly settlement
agreement, “Access to higher education," the State agreed to grant measures of
reparation for the benefit of Kaite Debora Huacón Franco, Wilson Gabriel Huacón Franco,
Ashley Dennise Castro Huacón, Ayleen Alexandra Murillo Huacón and Jostin Randi Castro
Huacón, grandchildren of Walter Gonzalo Huacón Baidal and Mercedes Eugenia Salazar
Cueva. In view of the State’s acknowledgment of responsibility and the spirit and scope
of the agreement to the benefit of the victims' relatives, the Court approves this aspect
of the agreement and will consider these persons as beneficiaries of the reparation
measures set forth in the document. 20
B) Obligation to report on the progress of investigations
48.
As a measure to “investigate and punish those responsible,” the parties agreed
to the following:
[T]he State shall report annually on the progress or limitations for a period of five years via the
Secretariat of Human Rights. After 5 years, the State, through its Secretariat for Human Rights,
will prepare a report on the right to truth and work with the victims to evaluate the possibility of
keeping the investigation open in the domestic jurisdiction. Additionally, after the aforementioned
period of time has elapsed, the State, through the State Attorney General's Office, will ask the
Inter-American Court to assess compliance with the measure and will request that the case be
closed at the international level.
49.
In addition, it was stipulated that "through the appropriate institutions, the State
shall coordinate actions to exercise the right of recourse against the public servants
whose actions led to the State’s international responsibility in the instant case. This right
shall be exercised in accordance with the laws in force on the matter."
50.
Consequently, the Court orders the State to take the necessary actions to comply
with the provisions of the agreement with respect to investigation of the facts (supra
para. 48). Notwithstanding the foregoing, the Court clarifies that: a) the provision in the
agreement that the State, when appropriate, shall request the "case be closed at the
international level" does not compromise any determination that this Court may make
where necessary, within the framework of its competence and functions; and b) the
State action consisting of exercising the "right of recourse against [...] public servants"
will not be supervised.
20
Cf, in the same sense, Case of García Cruz and Sánchez Silvestre v. Mexico, supra, para. 68.
13