2009-130-G-2-3-b3 of July 29, 2009, signed by General Fabián Varela, Head of the Joint Chiefs of Staff of the Armed Forces, in reply to the request for information, which states that the Navy and Air Force Intelligence Directorates "have no information regarding Peruvian citizens detained in the country between January and August 1985 [Tr. sic]" along with Official Letter No.2009-243-Ñ -D-c4-c of July 27, 2009, in which Colonel Jaime Castillo Arias, (Acting) Director of Army Intelligence provides a list of Peruvian citizens detained between January and August 1995, in which Jorge Vásquez Durand's name does not appear.60 71. In its analysis, the Truth Commission had this to say regarding the Ecuadorian Government at the time of the events: "During the administration of Durán Ballén, the repression of social protest was fiercer and the security forces were given carte blanche in operations against criminals [...[ Durán Ballén resorted to the National Security Law61 and decreed states of emergency both to handle the armed conflict with Peru and to repress indigenous uprisings, [...] He also issued a decree exempting members of the security forces from any criminal liability for actions taken during the state of emergency.62 72. Since January 30, 1995, the whereabouts of Mr. Jorge Vásquez Durand remains unknown.63 According to testimony cited in the file with the IACHR, and in the file of the Ecuadorian Truth Commission, the last place in which Mr. Jorge Vásquez Durand was seen alive was in an Ecuadorian military facility, the Teniente Hugo Ortiz barracks. According to the Ecuadorian Truth Commission most human rights violations committed by police or military personnel have not been punished. Nor have their perpetrators been brought to trial and sentenced.64 73. At the time of the forced disappearance of Mr. Jorge Vásquez Durand, his son Jorge Luis was 12 years old and his daughter Claudia Esther 11. Mr. Vásquez Durand's mother died in Trujillo, Peru, in the months following his disappearance. The letter from Carlos Cardó Franco S.J., dated May 9, 1995, addressed to Father Jorge Carrión S.J. states that: "During this long absence, Jorge Vásquez Durand's mother died in Trujillo, and his family members were unable to pass on the sad news to Jorge. Their suffering is therefore all the greater."65 74. His wife, Mrs. María Esther, put it this way: With this letter, I want to convey to you the enormous sorrow that I and all my family feel, after three and a half months (exactly 115 days) have gone by without any word of my husband's whereabouts and with his status described as disappeared (no habido). 66 60 Appendix 40. Report of the Truth Commission of Ecuador. 2007. Volume 4 Accounts of cases. 1988-2008 period, pp. 82-84. Available at: http://www.alfonsozambrano.com/comision_verdad/index.htm 61 Different governments used the National Security law issued by the military dictatorship to maintain what they called order and peace in the Republic. This Law, issued in a Cold War context, and with strongly anti-Communist content, remained in force throughout the 1988-2007 period. Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 40. 62 Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 39. Mr. Vásquez's wife received information to the effect that he had been transferred to Quito and, later on, to Machala. On this, see Appendix 26. Handwritten letter from Mrs. María Esther Gomero de Vásquez, signed February 13, 1995, addressed to the Director General of Consular Affairs in the Ministry of Foreign Affairs of Peru. Appended to a writ submitted by the State of Peru on November 10, 1995. 63 64 Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 43. See Appendix 24. Letter from Carlos Cardó Franco S.J., dated May 9, 1995, addressed to Father Jorge Carrión S.J. Appended to the comments of the petitioners received on April 7, 1995. 65 66 See Appendix 32. Note from María Esther Gomero de Vásquez, dated Monday, May 22, 1995. Appended to a writ submitted by the petitioners on May 22, 1995. 16

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