also today, […] it had and continues to have an adequate regulatory framework to prevent or
punish the arbitrary deprivation of life. It argued that in the instant case, international
standards regarding the use of lethal force by state agents were observed. Thus, regarding
the legitimate purpose, it indicated that the action of the military was framed in the context
of an anti-crime operation on the "high seas," carried out in the face of recurring robberies
that were reported by the community.
99. Regarding the absolute necessity, it pointed out that "the use by the military of their
firearms occurred at the moment in which they were shot." It also stressed that, based on the
investigations carried out, it was found that the boat used by the agents had holes in the
upper and lower part of the bow, so the use of force corresponded "to the need to protect
their own lives and integrity." As to proportionality, it stated that, based on the testimonies
taken, it was determined that "the use of force corresponded to the will of the members of
the Naval Force to stop the boat, firing at the engine," which “coincid[ed] with the seat where
Luis Eduardo Casierra [Quiñonez] was located, given that he was the helmsman.”
100. The State indicated that the circumstances of the case and the evidentiary elements “did
not make it possible [to] establish whether the shots came from the boat” of the alleged
victims, and that “no weapons were found in their possession,” added to the fact that no
criminal proceedings were initiated against them for piracy; however, it must be taken into
account that the facts of the case “are the product of an operation that took place in difficult
circumstances, on the high seas, in total darkness, on a moving vessel.”
A.2. Right to property
101. The representatives indicated that, as a result of military personnel's actions, the boat
owned by Ms. Shirley Lourdes Quiñonez Bone “was rendered unusable after more than [forty]
shots.” The above meant “a real limitation” to her right to property, especially when the State,
to date, has not paid “just compensation,” in the terms of Article 21(2) of the Convention. The
State indicated that the argument of the representatives lies outside the factual framework
of the case. The Commission did not rule on this alleged violation.
B. Considerations of the Court
102. The Court notes that, based on that stated by the parties and the Commission, in this
case there is no dispute that the activities of the members of the Ecuadorian Navy during the
“anti-crime operation” carried out on December 8, 1999, resulted in the death of Luis Eduardo
and the injuries caused to his brothers Andrés Alejandro and Sebastián Darlin,91 all with the
surnames Casierra Quiñonez (supra paras. 51 and 52).
103. From this account, the controversy resides in the analysis about the observance of interAmerican standards, by military personnel when using lethal force in the framework of the
aforementioned operation and in the alleged violation of the right to property in relation to
the boat owned by Ms. Shirley Lourdes Quiñonez Bone. Based on this, the Court will make the
respective analysis.
As to the injuries caused to Sebastián Darlin Casierra Quiñonez, although Merits Report, when referring to the
fact, mentioned that it had been reported to the authorities “as a result of the shots […] he was injured in his left
hand,” the State acknowledged that the actions of military personnel “caused […] the […] effects [on his] [personal]
integrity.” Cf. Answer brief (merits file, volume IV, folio 894).
91
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