148.
In other words, a requirement for a habeas corpus action was knowledge of the place where
the person was detained so as to bring that person before the Mayor or President of the Council in whose
jurisdiction the detainee was located. As has been shown, the family members and petitioners, who were in
Peru, were not informed by the Ecuadorian authorities of the location where Mr. Vásquez Durand was being
held. From witnesses, they had only heard that he had been arrested in Huaquillas, that he had been
transferred to different places in Ecuador, and that in June 1995 he had been seen in the Teniente Ortiz
military barracks.
149.
In the instant case, it is important to underscore the context of impunity in which the
military acted at the time of the events. The Truth Commission determined that "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 Law153 and decreed states of
emergency to handle the armed conflict with Peru." He also issued a decree exempting members of the
security forces from any criminal liability for actions taken during the state of emergency.154
150.
In this regard, according to the Ecuadorian Truth Commission most human rights violations
committed by police or military personnel had not been punished. Nor had their perpetrators been brought
to trial and sentenced. It pointed out that impunity had been possible because of the practice of maintaining
special jurisdictions that had allowed policemen and military personnel to be tried in their own courts, in
which, generally speaking, they were acquitted. In addition, it pointed to an "esprit de corps," which had been
the main obstacle to the truth being revealed and justice done."155
151.
In this regard, in its country report on Ecuador, the IACHR established the following:
A principal issue raised before the Commission during its visit concerned the practice of
trying members of the police and armed forces accused of human rights violations under
their respective instances of special jurisdiction rather than the ordinary civilian tribunals.
Both institutions are essentially responsible for their own discipline, as special police and
military courts are vested with the jurisdiction to try their members in closed sessions. The
Commission was informed that verdicts, when reached, are not made public. Civilian
authorities have the power to direct these cases to courts of ordinary jurisdiction, but such
instances have been rare.156
152.
In July 1995, with respect to impunity in Ecuador, Amnesty International also claimed that
the judicial authorities failed to elucidate human rights offenses,. It stated that "members of the Ecuadorian
security forces accused of human rights violations were almost never brought to trial" and added:
The impunity surrounding human rights cases has become institutionalized by a judicial
system that human rights attorneys and defenders consider seriously ineffective.
153 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.
154
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 39.
155
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Executive Summary. Introduction, p. 43.
IACHR, Report on the Situation of Human Rights in Ecuador. OEA/Ser.L/V/II.96, Doc. 10 rev. 1, April 24, 1997. Chapter II,
Section on "The National Police and the Armed Forces."
156
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