the case, the Court finds that the dispute over the facts and the pleadings with respect
to the violations of the following rights contained in the American Convention has been
resolved: rights to life (Article 4(1)), personal integrity (Article 5(1)), judicial guarantees
(Article 8(1)), and judicial protection (Article 25), all of the above read in conjunction
with the general duty to respect rights (Article 1(1)) and to adopt domestic legal effects
(Article 2), to the detriment of Walter Gonzalo Huacón Baidal, Mercedes Eugenia Salazar
Cueva, Mary del Pilar Chancay Quimis (widow of Walter Gonzalo Huacón Baidal), Wilson
Eduardo Huacón Baidal (partner of Ms. Mercedes Eugenia Salazar Cueva at the time of
the facts), Karent Lisset Huacón Chancay (daughter of Walter Gonzalo Huacón Baidal),
Walther Bryan Huacón Chancay (son of Walter Gonzalo Huacón Baidal), Wilson Fabián
Huacón Salazar (son of Mercedes Eugenia Salazar Cueva), Karla Fernanda Huacón
Salazar (daughter of Mercedes Eugenia Salazar Cueva), and Kerlly Mercedes Huacón
Salazar (daughter of Mercedes Eugenia Salazar Cueva).
24.
The Court also welcomes the parties’ willingness and efforts to reach a friendly
settlement agreement, which also reflect Ecuador's willingness to make full reparations
for the harm caused to the victims by the violations in this case and to prevent it from
being repeated. The Court also notes that when parties reach agreements, it contributes
to the aims of the inter-American human rights protection system, specifically the aim
of finding fair solutions to a case’s specific problems. 12 This also makes it possible to
provide comprehensive reparations for the violations that harmed the victims more
quickly than if the litigation before this Court had been allowed to fully run its course.
As on other occasions, 13 in order to contribute to fulfilling this purpose, the Court issues
this judgment in the shortest time possible.
25.
Based on the foregoing, the Court finds, as on prior occasions, 14 that the friendly
settlement agreement and the acknowledgment of responsibility have full legal effects
in this case.
26.
Regarding the measures of reparation described in the agreement reached by the
State and the victims and their representatives, the Court approves them pursuant to
the terms of this judgment (infra Chapter VI), as they contribute to the aim and purpose
of the American Convention. The Court will analyze the measures in order to determine
their scope and forms of execution.
C.2 Considerations on William Huacón
27.
According to the Report on the Merits, William Huacón is the cousin of Walter
Gonzalo Huacón Baidal and one of the persons identified by the Commission as a victim
in the case. 15 At the time, the representatives (supra footnote 7) explicitly indicated that
they were representing William Huacón. The friendly settlement agreement did not
Cf. Case of Pacheco Teruel et al v. Honduras. Merits, Reparations, and Costs. Judgment of April 27,
2012. Series C No. 241, para. 19; and Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras, supra,
para. 19.
12
Case of García Cruz and Sánchez Silvestre v. United Mexican States, supra, para. 22; and Case of the
Miskito Divers (Lemoth Morris et al.) v. Honduras, supra, para. 23.
13
Cf. Case of Acevedo Jaramillo et al. v. Peru. Preliminary Objections, Merits, Reparations, and Costs.
Judgment dated February 7, 2006. Series C No. 144, paras. 176 to 180; Case of Torres Millacura et al. v.
Argentina. Merits, Reparations, and Costs. Judgment of August 26, 2011. Series C No. 229, para. 37; Case of
Pacheco Teruel et al. v. Honduras, supra, para. 19, Case of García Cruz and Sánchez Silvestre v. United
Mexican States, supra, para. 23.
14
15
As shown in paragraphs 9, 77, 82, and 83 of the Merits Report.
8