Commission, pursuant to domestic legislation and international instruments on human rights and the prosecution of crimes against humanity.83 88. During the processing of the case, the State made no specific reference to this law or to its implementation in the instant case. VI. ANALYSIS OF LAW A. Preliminary consideration regarding the acknowledgment of liability contemplated in the Law for the Reparation of Victims and Prosecution. 89. As indicated supra para. 68, on May 3, 2007, the Truth Commission in Ecuador was established by Executive Decree No. 305, published in the Official Gazette No. 87, of May 18, 2007,84with a view to investigating human rights violations between 1984 and 1988, and other special cases.85 As the Report of the Truth Commission points out, it "was established at the behest of a group of victims of human rights violations, who had been demanding from the Ecuadorian State that it duly satisfy their rights to the truth, justice, and reparation."86 The report further established that: Ever since it was installed, the Commission was backed by the National Government headed by Rafael Correa, who assigned and guaranteed the ongoing budget allocation needed to perform the task entrusted to the Commission. His constant support of its work made it possible, inter alia, to access confidential information, and police and military installations [...].87 […] Based on Article 6 of the Decree establishing the Commission, which indicated that proposals should be put forward for mechanisms for following up on recommendations, the Commission included in its Final Report a draft law outlining the institutional mechanisms needed to continue the efforts to overcome impunity with regard to the grave violations of human rights and crimes against humanity committed in Ecuador, for which the State bore responsibility.88 83 Article 10 of the Law for Reparation for Victims and Prosecution of Grave Violations of Human Rights and Crimes against Humanity in Ecuador between October 4, 1983 and December 31, 2008. See Appendix 41. 84 "The Truth Commission of Ecuador was established as the outcome of a historical process driven by a number of organizations of victims of human rights violations and their family members over the course of more than 20 years (the Committee of Family Members of Political Prisoners, the Committee of Family Members against Impunity, and, in recent years, the No to Impunity Ecuadorian Committee - CENIMPU -- to which not only family members but also some direct victims belonged), which had been demanding that the Ecuadorian State fully acknowledge and satisfy their rights to truth, justice, and reparation." Appendix 46. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 17. Available at: http://www.alfonsozambrano.com/comision_verdad/index.htm 85 The Ecuadorian Peace Commission's objectives were to: 1. To conduct an in-depth and independent investigation into human rights violations between 1984 and 1988, as well as other special cases, such as the so-called Fybeca case, and their underlying causes and circumstances. 2. Request declassification of State archives marked confidential or national security-related. 3. Foster recognition for the victims of those violations and devise reparation policies. 4. Recommend the necessary legal and institutional reforms, and effective mechanisms for preventing and punishing human rights violations. 5. Determine the existence of probable circumstantial evidence of civil, criminal, and administrative liabilities and to pass it on to the pertinent authorities. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 17. See Appendix 37. 86 Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 13. 87 Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 17. 88 Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 22. 21

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