Vásquez, the spouse of Mr. Jorge Vásquez Durand, went to great lengths to ascertain his whereabouts, In that
respect, it is worth reiterating Mrs. Gomero's remarks that (see paragraph 74 above):
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). 169
I know I have to wait patiently despite the overwhelming economic problems I face. As you
know, I have two children of school-going age and I have had to take on the responsibilities
of a father toward them.170
Now that months have passed since my husband's detention, my family and I are in a
desperate situation, because I don't know exactly where my husband is, every day I am
tormented by worries about how he is and what state he is in both physically and
emotionally.171
172.
Bearing in mind that in some cases the Court has considered that ongoing deprivation of the
truth regarding the fate of a disappeared person constitutes a form of cruel and inhuman treatment for the
next-of-kin,172 the Commission concludes that in the instant case there was violation of the right to personal
integrity of the following family members of Jorge Vásquez Durand: María Esther Cristina Gomero Cuentas
(spouse); Jorge Luis Vásquez Gomero (son); Claudia Esther Vásquez Gomero (daughter) and; his mother, who
died at some point during the early months of his arbitrary detention.
VII.
CONCLUSIONS
173.
In this report, the Inter-American Commission has evaluated all the elements available in the
case file, based on the human rights standards of the inter-American system and other applicable
instruments, the case law and the literature, in order to decide the merits of the case brought. The IACHR
ratifies its conclusions that the Ecuadorian State is responsible for violations of the rights established in
articles 3, 4, 5.1, 5.2, 7, 8.1, and 25.1of the American Convention, in conjunction with articles 1.1 and 2 of that
international instrument. It also reiterates that the State is liable for violation of articles I and III of the
IACFDP, all to the detriment of Jorge Vásquez Durand. With respect to the family members listed above in
paragraph 172, the IACHR confirms its conclusion that the State is liable for violation of articles 5.1, 8.1, and
25 of the American Convention in conjunction with article 1.1 of the same international instrument.
VIII.
RECOMMENDATIONS
174.
Based on the analysis and conclusions contained in the instant report, the Inter-American
Commission on Human Rights recommends that the Ecuadorian State:
1.
Conduct a complete, impartial, and effective investigation into the whereabouts of Jorge
Vásquez Durand. Should it be determined that the victim is no longer alive, adopt the necessary measures to
deliver his remains to his family, as they wish.
2.
Conduct domestic proceedings in connection with the violations of human rights shown in
this report and initiate criminal proceedings for the offense of forced disappearance of the person of Jorge
169
See Appendix 32.
170
See Appendix 32.
171
See Appendix 33 on the letter sent by Mrs. María Esther Gomero de Vásquez on May 29, 1995.
I/A Court H.R., Case of Trujillo Oroza. v. Bolivia. Reparations and Costs. Judgment of February 27, 2002. Series C No. 92,
paragraph 114; Case of La Cantuta v.. Peru Merits, Reparations and Costs. Judgment of November 29, 2006. Series C No. 162, paragraph
125 and Case Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, paragraph 113.
172
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