were various indications of participation by State agents, [but] there was no investigation
into the possible involvement of the FAE.” They added that, following the statement made by
Lenin Ordoñez, it could be established that “the abduction and subsequent murder of Marco
Palma [Mendoza] was a well-planned act by individuals who had military intelligence training,
because they had been members of the FAE for several years, who used credentials granted
by the State to prevent a SECAP guard from taking any] action that [would] thwart the
abduction they were about to carry out, [and] to avoid police controls.” The representatives
emphasized that “the proceedings conducted based on the facts that had occurred against
[Mr. Palma], which should have taken an average of 180 days according to the time frames
established by law, in practice, took 9 years and 9 months to be decided.” They also
indicated that this duration:
Constitut[ed] a violation of the case being resolved within a reasonable time; in addition to the
fact that the matter was not overly complex given that a few days after the abduction Marco
Palma’s corpse appeared and that, if it had been identified promptly, first it would have allowed his
family to know what really occurred and, second, it would have expedited the proceedings.
Furthermore, few State measures were taken to discover the truth.
71.
They also asserted that the application for habeas corpus should have served to
“make the State take immediate measures to discover Mr. Palma’s whereabouts and ensure
respect for his right to life.” To the contrary, such measures “were not effective,” since the
mayors:
merely sent communications to State agencies requesting that [Mr. Palma Mendoza be] brought
before them, without taking any actions to find him, so that [the] remedies were ineffective to
discover [his] whereabouts […] and prevent his murder.
Consequently, the representatives indicated that “the State failed to comply with its
obligation to grant the next of kin of [Mr. Palma Mendoza] a simple and adequate recourse to
determine the responsibility of the authors of such serious acts opportunely.”
72.
For its part, the State indicated that “it can be inferred that the rights recognized in
Articles 8 and 25 of the Convention […] are of a different nature and, therefore, must not be
unified without any reason, because the violation of each of them will be autonomous, owing
to their different content.” Regarding Article 8, the State indicated that “the alleged victim’s
lawyers […] did not exhaust the legal procedures available to demand an investigation on
criminal procedural matters.” It asserted that “[o]wing to factors inherent in the
circumstances that existed at that time, the principle of due diligence was limited to using
the existing legislation and, based on those legal grounds, to making the best efforts to
prevent and to comply with the State’s obligations”; that “it never […] abandoned the case;
that its intention was to use all available means to find Mr. Palma [Mendoza] and those
responsible for the crime so as to be able to prosecute them,” and that it should be
considered that the case was “factually” and “legally” complex, based on numerous factors
(cf. infra para. 77).
73.
It also argued that:
The fact that a special procedure carried out within another investigation, in a different province,
contributed to the investigation, only proves the efficiency and functionality of the domestic legal
system at the time, because measures were taken that complied with the provisions of the
criminal laws, thus avoiding impunity.
Thus, it maintained that the OID made “important” efforts and “that there was a
comprehensive investigation” involving “the professional work of the police in four provinces,
Pichincha, Manabí, Tunguragua and Guayas.” In this regard, it concluded that “there was
effective coordination” and “communication between the different agencies.” It underscored
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