The judicial authorities continue to protect the perpetrators of hundreds of cases of torture,
forced "disappearances," and summary executions over the past ten years.157
153.
The Commission reiterates that, in keeping with inter-American jurisprudence, the right of
access to justice implies the effective determination of the facts under investigation and, if applicable, of the
corresponding criminal responsibilities in a reasonable time; therefore, considering the need to guarantee the
rights of the injured parties, a prolonged delay may constitute, in itself, a violation of judicial guarantees.
Besides, because it is a forced disappearance, the right of access to justice includes the determination of the
fate or whereabouts of the victim.158
In these cases, impunity will not be eliminated unless it is accompanied by the determination
of the general responsibility- of the State- and individuals- criminal and of its agents or of
individuals. In complying with this obligation, the State is required to remove all obstacles,
legal and factual, contributing to impunity. The investigations must be conducted in line
with the rules of due process of law, which implies that the bodies of administration of
justice must be organized in a manner so that its independence and impartiality is
guaranteed and the prosecution of grave human rights violations is made before regular
courts , in order to avoid impunity and search for the truth. Moreover, given the nature and
gravity of the facts, particularly since they occurred in a context of systematic human rights
violations, and since the access to justice is a peremptory rule under International Law, the
need to eliminate impunity gives rise to an obligation for the international community to
ensure inter-State cooperation by which they must adopt all necessary measures to ensure
that such violations do not remain unpunished, either by exercising their jurisdiction to
apply their domestic law and the international law to prosecute it and, when applicable,
punish those responsible, or by collaborating with other States that do so or attempt to do
so.159
154.
Here, the IACHR appreciates the "Law for Reparation for Victims and Prosecution of Grave
Violations of Human Rights and Crimes against Humanity committed in Ecuador between October 4, 1983
and December 31, 2008," published on December 13, 2013, which includes in its reparation measures the
search for, location, and release of disappeared persons and, in the event of death, exhumation, identification,
and return of their remains.160
155.
Article 10 of the same law establishes that the Ecuadorian State shall adopt, during the
pretrial and criminal proceedings, such constitutional, legal, administrative, and judicial measures as are
necessary to enforce the rights and guarantees of victims and their family members in the investigation and
prosecution of the human rights violations documented by the Truth Commission, pursuant to domestic
legislation and international instruments on human rights and the prosecution of crimes against humanity.161
157 Appendix 42. Amnesty International "Ecuador: Judicial authorities fail to clarify human rights crimes”, AI Index: AMR
28/06/95, July 11, 1995. Available at: https://www.amnesty.org/fr/library/asset/DOC33/008/1995/en/9388c8a9-7c15-4526-a70a5158756b7104/doc330081995en.pdf
158
I/A Court H.R, Case of Anzualdo Castro v. Peru Judgment of September 22, 2009, Series C No. 202, paragraph 124.
I/A Court H.R, Case of Anzualdo Castro v. Peru Judgment of September 22, 2009, Series C No. 202, paragraph 125 and Case
of La Cantuta v. Peru Merits, Reparations and Costs. Judgment of November 29, 2006. Series C No. 162, paragraph 160.
159
160 Article 6.3: The search, location, and release of the disappeared person, will be the responsibility of the National Police,
under the direction of the Attorney General's Office, ; and, in the event of death, the aforementioned institutions shall be in charge of
exhuming, identifying, and returning their remains to their next-of-kin, who shall be entitled to be kept abreast of progress made in the
search for the person and to take part in any moves made in that direction. 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.
161 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.
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