3
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7.
That in relation to Operative Paragraph No. 5 containing the obligation of the State to
publish the Judgment on the merits, reparations and costs in the Official Gazette and in another
newspaper of national circulation, the State reported that the publication in the Official Gazette
was made on February 7, 2008, by Official Registry No. 267. As concerns the publication in a
wide-circulation newspaper, it informed that on March 15, 2008, it was made in the newspaper
"El Telégrafo." Regarding the publication in a wide-circulation newspaper and according to the
statements made by the parties, the State informed that it would "be made in the newspaper
["El Comercio,"] on regular pages as requested."
8.
That the representatives, in their observations to the State’s report of March 9, 2009,
highlighted that the State had published the pertinent paragraphs of the Judgment in the Official
Registry. However, they pointed out that the State had not yet made a publication in any of the
major newspapers in Ecuador.
9.
That the Commission, in its observations submitted on December 29, 2008, declared that,
"it appreciates the reference to the publication in the Official Registry." However, it pointed out
that "according to the information relating to the circulation range of the selected newspaper, it
is widely known that the newspaper “El Telégrafo” is among the newspapers with narrowest
circulation in Ecuador;" therefore, it concluded that the publication failed to meet the circulation
requirements needed to effectively communicate the truth about this case to the public.
10.
That according to the State’s report in relation to the publication of the pertinent parts of
the Judgment made in the Official Gazette and to the statements of the representatives and the
Commission on said publication, the Court considers that the State has complied with Operative
Paragraph No. 5 of the Judgment. Moreover, regarding the publication of the pertinent parts of
the Judgment made by the State on March 15, 2008 in the newspaper “El Telégrafo”, taking into
account the statements made by the State with regard to a subsequent publication in the
newspaper "El Comercio", the Court considers it necessary that the State submit a report on the
actions taken to effectively made said publication, and once the observations by the
representatives and the Commission have been received, the Court will assess the status of
compliance with Operative Paragraph No. 5 of the Judgment.
*
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11.
That in relation to Operative Paragraph No. 6 containing the obligation to fully divulge the
rights of the patients, using the adequate media and according to the existing legislation from
Ecuador and the international standards, the State reported that the second phase of the
Interactive Manual on Human Rights (Manual Interactivo de Derechos Humanos) drafting process
is under way, and that special emphasis would be placed on justice and bioethics operators.
Furthermore, it pointed out that "[t]his initiative will gather new participants like the Public
Prosecutor’s Office, regarding workers and penitentiary guidelines, and the Ministry of Justice,
regarding execution of judgments of the Inter-American Court of Human Rights."
12.
That the representatives, in their observations, stated that the State had failed to take
any action aimed at divulging the rights of the patients.