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105.
Giving a grounded ruling on the admissibility or otherwise of the penalty sought was the
task of the competent Ecuadorian jurisdictional organ alone. On this point, the Commission must point out
that the matter at hand is the international responsibility of the State for violating the human rights of the
victims in the case at hand and that its analysis does not represent a ruling on whether or not the filed
remedy should have been admissible or not, simply that the answer given to it had to be in line with the
guarantees of the Convention. In light of the foregoing, the failure to indicate any grounds in the response
to the complainant’s filing entails a violation of the right to a fair trial enshrined in Article 8 of the American
Convention, in conjunction with Article 1.1 thereof.
V.
CONCLUSIONS
106.
In accordance with the legal and factual considerations set out in this report, the
Commission concludes that the Ecuadorian State did violate the right to a fair trial and to judicial
protection enshrined in Articles 8.1 and 25.1 of the American Convention, in conjunction with the general
obligation of respecting and ensuring those rights set out in Article 1.1 thereof, with respect to Melba del
Carmen Suárez Peralta and her mother, Melba Peralta Mendoza.
VI.
RECOMMENDATIONS
107.
Based on the foregoing considerations of fact and law,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS:
1.
Adopting the measures necessary for an effective investigation of the facts of the case at
hand and to punish, within a reasonable time, the judicial officials whose actions led to the excessive
delays in the pursuit of the criminal proceedings and the resultant denial of the victims’ access to justice;
2.
Adopting the measures necessary to provide appropriate redress to Melba del Carmen
Suárez Peralta and to her mother, Melba Peralta Mendoza, for the human rights violations identified in
this report, including both material and moral damages. Given the particular nature of the facts in this
case, this redress must include payment of the expenses incurred by the victims in their pursuit of justice
and a recognition of international responsibility and public apology by the State;
3.
Adopting the measures necessary to provide the required medical attention, immediately
and without charge, through its specialized health agencies, and at the place of residence of Ms. Suárez
Peralta, including the medicines she requires and with consideration for her ailments;
4.
Adopting the measures necessary to ensure that the laws related to the exercise of the
medical profession are regulated and effectively implemented, in accordance with the national and
international standards in the matter; and
5.
Adopting all the measures necessary to prevent similar incidents from occurring in the
future, in compliance with the duties of prevention and guaranteeing rights enshrined in the American
Convention.