V.
CONCLUSIONS AND RECOMMENDATIONS
103. Based on its determinations of fact and law described above, the Inter-American Commission concludes
that the Ecuadorian State is responsible for violating the rights to humane treatment, personal liberty, due
process, and private property established in Articles 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2, 8.2 b), 8.2 d) and
21 of the American Convention, in conjunction with the obligations established in Article 1.1 and 2 of the same
instrument, to the detriment of Gonzalo Cortez Espinoza.
104. By virtue of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF ECUADOR:
1.
Provide full reparation for the human rights violations found in the instant report, including both
material and moral dimensions; Adopt measures that prove both financial compensation and satisfaction.
2.
Adopt such non-repetition measures as are needed to: 1) ensure that both applicable norms and the
respective practices with respect to preventive custody/pre-trial detention are compatible with the standards
established in this report; and ii) ensure that the military criminal jurisdiction is not applied to civilians under
any circumstances, including in the case of persons who have retired from the military.
20