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

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