3
same report also indicates that the person responsible for these acts was punished in
accordance with the prison regulations in force in Ecuador.
5.
That there are therefore two contradictory versions of the manner in which the
alleged events occurred, and the Court has no further information at its disposal until the
Government presents its first report in accordance with the second paragraph of the
operative part of the April 12, 1996 Order of the President of the Court. However,
States are obliged to protect the lives and physical integrity of their citizens in any
circumstance, all the more so in this specific case in which the statements of Mr. SuárezRosero and Mrs. Ramadán de Suárez have been presented to the Court as part of the
Commission's stock of evidence in a judicial process to determine whether or not the
human rights enshrined in the American Convention have been violated by a State Party.
This circumstance requires the Government to guarantee that neither witnesses nor their
families shall be the victims of any sort of reprisal on account of their testimony to this
Court.
6.
The certified copy of written communication No. 861-CSQ-P-96 of the
President of the Superior Court of Justice of Quito and the ruling of April 16, 1996, at
10:00 a.m., of the First Chamber of that Court, "whereby [the Government
communicated that] the order had been given for Mr. Rafael Iván Suárez-Rosero's
release." Those documents were presented by the Government of the Republic of
Ecuador at the Secretariat of the Court on May 29, 1996.
7.
The petition presented by the Inter-American Commission on Human Rights
on June 10, 1996, whereby it informed the Court that "the safety of Mr. Suárez and
his family does not appear to be threatened at this time" and, as a consequence,
also communicated its decision to "desist from the request for provisional measures
to protect the physical and psychological integrity of Mr. Suárez and his relatives ...
reserving the right to make a further request for provisional measures should there
be a change of circumstances." The Commission also noted that the decision to
desist from the above-mentioned request was taken "without prejudice to the
hearing of the case, in regard to which it requests the Honor-able Court to proceed
with it."
CONSIDERING:
1.
That Ecuador is a State Party to the American Convention, Article 1(1) of
which sets forth the obligation of the States Parties to respect the rights and
freedoms recognized in that treaty and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, and that on July
24, 1984 Ecuador accepted the competence of this Court pursuant to Article 62 of
the Convention.
2.
That, in the instant case, the Inter-American Commission recently informed
the Court that it was desisting from its requests for provisional measures on the
grounds that the circumstances of extreme gravity and urgency that had inspired the
adoption of urgent measures no longer existed, a fact demonstrated by the release
of Mr. Rafael Iván Suárez-Rosero by the Government of Ecuador, and that there was
currently no risk to the safety of Mr. Suárez-Rosero and his family.
3.
The reasons that led the President to order urgent measures in this case had
ceased to exist.
NOW, THEREFORE: