ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 15, 2011
REQUEST FOR PROVISIONAL MEASURES FILED BY
ALEJANDRO PONCE VILLACÍS AND ALEJANDRO PONCE MARTÍNEZ
REGARDING THE REPUBLIC OF ECUADOR
HAVING SEEN:
1.
The Judgment of May 6, 2008, on the preliminary objection and merits and the
Judgment of March 3, 2011, on reparations and costs in the case of Salvador Chiriboga v.
Ecuador.
2.
On March 27, 2011 the attorneys in the case of Salvador Chiriboga v. Ecuador Alejandro Ponce Villacís and Alejandro Ponce Martínez - requested that the Inter-American
Court of Human Rights (hereinafter “the Court” or “the Inter-America Court”) adopt
provisional measures to their benefit, pursuant the provisions of articles 63(2) of the
American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) and 27(3) of the Rules of Procedure of the Court (hereinafter “the Rules of
Procedure”), with the objective of having the Republic of Ecuador (hereinafter “the State” or
“Ecuador”) “abstain from taking action intended to use false accusations to harass,
persecute, or intimidate these attorneys who [participated] as representatives of the victim
in the case of Salvador Chiriboga.”
3.
The alleged facts that serve as grounds for the request for provisional measures filed
by the victim’s representatives, namely:
a.
On March 26, 2011, at approximately 17:20, when Mr. Alejandro Ponce Villacís
was travelling in his vehicle through the city of Quito, Ecuador, two police officers
asked him to stop his vehicle at the intersection with Baquedano. After he did so, the
police officers asked him for his driver’s license and registration. When Mr. Ponce
Villacís gave them the documents, the police officers went back to their patrol car.
Mr. Ponce Villacís indicated that the police officers then told him they had an order to
search the automobile, accusing him of carrying weapons. Mr. Ponce Villacís did not
allow this and asked them if they had the corresponding search warrant. Both police
officers responded negatively, stating that they had orders from “[their] Colonel,”
without giving the colonel’s identity;
b.
Mr. Ponce Villacís told them that what they were doing was a reprisal for his
participation in the case of Salvador Chiriboga and the police officers gave out a