144. The Ecuadorian State's response was to state, repeatedly, that its police and military authorities had no record of Mr. Jorge Velásquez Durand's detention and that exhaustive inquiries had been made to ascertain his whereabouts, but they had not been able to obtain information about his presence in Ecuador. Here it is to be noted that the State has not provided the IACHR with consistent information regarding the "exhaustive investigations" referred to. 145. The Truth Commission's Report, entitled "Without Truth There is No Justice," describes the moves made on behalf of Mr. Vásquez Durand as follows: Meanwhile, when she had no more news of her husband, María Gomero filed complaints with the Peruvian National Congress, the Asociación Pro Derechos Humanos del Perú (APRODEH), the Council for Peace (Consejo por la Paz), the International Committee of the Red Cross, the Inter-American Commission on Human Rights, the foreign ministries of Ecuador, Brazil, and Argentina, and the Episcopal Conference, but failed to elicit any information. Several moves were undertaken by Ecuadorian authorities in Ecuador to try and locate Jorge Vásquez. Those inquiries were addressed to the Military Brigade in El Oro, the Archbishopric in Cuenca, the Command Headquarters of the Tarqui Division, the highest military body in El Oro, and the Office of the Archbishop of the Armed Forces. All these efforts also came to nothing.150 146. In this connection, it is important to stress that, through a human rights organization in Ecuador, the petitioners attempted to bring a habeas corpus action but they were told by phone that it was impossible because the victim's whereabouts were not known,151 and knowing them was a prerequisite for bringing the action. 147. And in fact, as mentioned earlier, the habeas corpus action established in the laws at the time of Jorge Vásquez Durand's arbitrary detention and forced disappearance was that referred to in Article 19.16.j of the Political Constitution then in effect, which established: Article 19: "Everyone is entitled to the following guarantees: No. 16 personal liberty and security. Consequently: j) Anyone who believes that he has been illegally deprived of his liberty may invoke habeas corpus. This right is exercised by the person himself or through an intermediary, without the need for a written mandate, before the Mayor or President of the Council in whose jurisdiction he is located or before someone representing them. The municipal authority shall immediately order the appellant to be brought before him with the order for his detention. The authority's instructions shall be obeyed without comments or excuses by those in charge of the prison or place of detention. Once they have been informed of the circumstances leading up to the detention, the Mayor or President of the Council shall, within 48 hours, order the immediate release of the plaintiff, if the detainee or the order is not presented, of if the order does not meet legal requirements, or if procedural irregularities have been committed, or, finally, if the action has been substantiated and shown to be justified. Any official or employee who fails to obey the order handed down shall be immediately dismissed from his position or job, without more ado, by the Mayor or President of the Council, who shall notify the Office of Comptroller of the dismissal, as well as the authority responsible for appointing a replacement.152 150 Report of the Truth Commission of Ecuador. 2007. Volume 4 Accounts of cases. 1988-2008 period, pp. 82-84. See Annex 40. 151 See Annex 36. Letter from APRODEH to the Ecumenical Human Rights Commission of Ecuador, dated June 9, 1995. Appendix to the petitioners’ brief of February 14, 1996. 152 Political Constitution of Ecuador, of 1979. Available at: http://cancilleria.gob.ec/wp-content/uploads/2013/06/constitucion_1978.pdf 34

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