In any case, the "opening" of the investigation by the State Attorney General's Office was
made possible by the regulatory reforms approved at the constitutional level. 133
156. In this sense, it is the Court's opinion that while the ongoing investigation does not
remedy the violation of the rights to the natural judge, due process, and access to justice, as
indicated above (supra para 152), it does indicate that the regulatory changes made in the
domestic legal system to limit the scope of the military criminal jurisdiction had an impact on
the instant case, insofar as they made it possible for the Office of the Prosecutor General to
undertake the respective investigation with a view to clarifying the facts and, eventually,
punishing those responsible, as indicated in the previous paragraph. 134 As a result, the Court
considers that in this case, it is not appropriate to rule on the violation of the duty set forth in
Article 2 of the American Convention.135
157. In conclusion, the State is internationally responsible for the violation of Articles 8(1)
and 25(1) of the American Convention, in relation to Article 1(1) of the same international
instrument, to the detriment of Andrés Alejandro Casierra Quiñonez, Sebastián Darlin Casierra
Quiñonez, Jonny Jacinto Casierra Quiñonez, María Ingracia Quiñonez Bone, Cipriano Casierra
Panezo, and Shirley Lourdes Quiñonez Bone.
VIII.3
RIGHT TO PERSONAL INTEGRITY OF THE FAMILY MEMBERS OF LUIS EDUARDO
CASIERRA QUIÑONEZ, IN RELATION TO THE OBLIGATIONS TO RESPECT AND
GUARANTEE RIGHTS136
A. Arguments of the parties and the Commission
158. The Commission indicated that the loss of a loved one and the injuries caused to
another, in circumstances such as those that occurred in this case, added to the absence of
truth and justice, caused suffering and anguish to the next of kin of the Casierra Quiñonez
brothers, in violation of their right to mental and moral integrity. Consequently, the State
violated Article 5(1) of the American Convention, in relation to Article 1(1) of the same
international instrument.
159. The representatives argued that, in addition to the emotional effects caused to the
Casierra Quiñonez family by the death of their loved one, “the frustration of not obtaining
justice and reparations due to the indifference of the State” must be included.
of the Casierra Brothers,” signed by the Prosecutor for the Human Rights and Citizen Participation Directorate of the
Office of the Prosecutor General (evidence file, volume IV, annex 69 to the answering brief, folios 5208 to 5213).
133
Article 160 of the Constitution of the Republic of Ecuador, published on October 20, 2008 (available at:
https://www.corteconstitucional.gob.ec/index.php/quienes-somos/normativa/2020-2/4014-constitucion-de-larepublica-del-ecuador-1/file.html), whose fourth paragraph provides:
The members of the Armed Forces and the National Police Force shall be judged by the bodies of the
Judicial Branch of Government; in the case of crimes committed in the framework of their specific mission,
they shall be judged by specialized military and police courts, belonging to the same above-mentioned
Judicial Branch. Breach of the rules of discipline shall be judged by the competent organizations provided
for by law.
134
Cf. Resolution of March 9, 2011, issued by the Specialized Unit of the Truth Commission, Office of the
Prosecutor General, file identified as preliminary inquiry No. 94, case No. 94 (evidence file, volume XIII, folios 5555
to 5560). In said Resolution, the Prosecutor ordered, inter alia:
Article 195 of the Constitution of the Republic of Ecuador determines that the prosecutor's office will direct,
whether ex officio or at the request of a party, pre-trial and criminal procedural investigations […]. […]
Once presented, […] it is appropriate to hear the present case related to Messrs. [Luis Eduardo Casierra
Quiñonez], [Andrés Alejandro Casierra Quiñonez], [Sebastián Darlin Casierra Quiñonez], […]. […] With this
background and on this date [I declare the beginning of the preliminary investigation] to investigate the
alleged [extrajudicial execution, attacks on life, illegal deprivation of liberty, and torture].
135
Cf. Mutatis mutandis, Case of Tenorio Roca et al. v. Peru, supra, para. 204.
136
Article 5 of the American Convention, in relation to article 1(1) of the same instrument.
37