I
INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. – On July 10, 2021, the Inter-American Commission of
Human Rights (hereinafter "the Inter-American Commission" or "the Commission") submitted the
case of "Fredy Marcelo Núñez Naranjo et al." to the jurisdiction of the Court with respect to the
Republic of Ecuador (hereinafter "the State" or "Ecuador"). The Commission indicated that the
case is related to the alleged forced disappearance of Fredy Marcelo Núñez Naranjo (hereinafter
"Fredy Núñez Naranjo" or "Mr. Núñez Naranjo") and the consequent international responsibility
derived from the alleged violation of his rights to juridical personality, to life, to humane treatment,
to personal liberty, to a fair trial, and to judicial protection. Furthermore, in accordance with the
Report on the Merits, the Commission established that the State was responsible for the violation
of the rights to humane treatment, to a fair trial, and to judicial protection of the parents and
sisters of Fredy Marcelo Núñez Naranjo,1 as a result of the failures in the search, investigation,
and punishment of those responsible for his enforced disappearance. Finally, the Commission
argued that the State also violated the rights to a fair trial and to judicial protection of María
Gregoria Naranjo and Marcia Núñez Naranjo, mother and sister of Fredy Núñez Naranjo, by not
properly investigating the physical assaults they allegedly suffered.
2.
Proceedings before the Commission. – the following proceedings took place before the
Commission:
a. Petition. - On December 1, 2003, the Commission received the initial petition filed by Sixto
Rodrigo Núñez, Napoleón Amores, and José Santana against the State of Ecuador.
b. Admissibility Report. – On March 15, 2010, the Commission approved Admissibility Report
No. 02/10. This Report, in which the Commission concluded that the petition was
admissible, was notified to the parties on March 30, 2010.
c. Report on the Merits. – On May 4, 2019, the Commission approved Report on the Merits
No. 60/19, in which it reached a set of conclusions and made several recommendations to
the State.
d. Notification to the State. - On July 10, 2019, the Commission notified the State with the
Report on the Merits No. 60/19. The Commission gave the State two months to report on
compliance with the recommendations.
3.
Submission to the Court. – On July 10, 2021, the Commission submitted to the InterAmerican Court all the facts and human rights violations set forth in the Report on the Merits,
"considering the need to obtain justice and reparation for the [alleged] victims."
4.
Requests of the Commission. – Based on the foregoing, the Inter-American Commission
asked this Court to declare the international responsibility of the State for the violations of the
rights enshrined in Articles 3, 4(1), 5(1), 5(2), 7, 8(1), and 25(1) of the American Convention, in
relation to its Article 1(1), as well as Articles I (a) and I (b) of the Inter-American Convention on
Forced Disappearance of Persons (hereinafter "IACFDP"). Likewise, the Commission requested the
Court to order the State to apply measures of reparation, which are detailed and analyzed in
Chapter VIII of this judgment. This Court notes with deep concern that 17 years and 7 months
have passed since the initial petition was presented to the Commission and the case was submitted
to the Court.
1
His parents, Sixto Núñez and María Gregoria Naranjo; and his sisters, Marcia and Silvia Núñez Naranjo.
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