i. “Adopt the measures necessary for an effective investigation of the facts of the
case at hand and to punish, within a reasonable time, the judicial officials
whose actions led to the excessive delays in the pursuit of the criminal
proceedings and the resultant denial of the victims’ access to justice;
ii. Adopt the measures necessary to provide appropriate redress to Melba del
Carmen Suárez Peralta and to her mother, Melba Peralta Mendoza, for the
human rights violations identified in this report, including both pecuniary and
non-pecuniary damages. Given the particular nature of the facts in this case,
this redress must include payment of the expenses incurred by the victims in
their pursuit of justice and an acknowledgement of international responsibility
and public apology by the State;
iii. Adopt the measures necessary to provide the required medical care
immediately and without charge, through its specialized health agencies, and
at the place of residence of Ms. Suárez Peralta, including the medicines she
requires based on her ailments;
iv. Adopt the measures necessary to ensure that the laws relating to the exercise
of the medical profession are regulated and effectively implemented, in
accordance with the relevant national and international standards, and
v. Adopt all the measures necessary to prevent similar incidents from occurring in
the future, in compliance with the duties of prevention and of guaranteeing the
rights enshrined in the American Convention.”
d) Notification to the State. On July 26, 2011, the Merits Report was notified to the
State, which was granted two months to provide information on compliance with the
recommendations;
e) Compliance Agreement. On September 8, 2011, Johana Pesantez Benítez, Minister of
Justice, Human Rights and Worship, and Melba del Carmen Suárez Peralta, signed a
document entitled “Compliance Agreement,” in order to ensure compliance with “the
recommendations ordered by the Commission in Merits Report No. 75/11, Case
12,683, Melba del Carmen Suárez Peralta – Ecuador”;
f) Extension. On October 24, 2011, the Commission granted the State a three-month
extension to comply with the recommendations made in Report No. 75/11. On
January 25, 2012, the State provided the Commission with information on
compliance with some of the said recommendations (infra para. 79 to 81), and
g) Submission to the Court. On January 26, 2012, based on “the need to obtain justice
for the victims, owing to the failure by the State of Ecuador to comply with the
recommendations, as well as the serious health problems suffered by Melba del
Carmen Suárez Peralta,” the Commission submitted the case to the Court. The
Commission appointed Commissioner Dinah Shelton and the Executive Secretary at
the time, Santiago A. Canton, as its delegates before the Court, and Elizabeth AbiMershed, Deputy Executive Secretary, and Tatiana Gos and Karin Mansel, Executive
Secretariat lawyers, as legal advisers.
3.
Requests of the Inter-American Commission. Based on the above, the Commission
asked the Court to declare the international responsibility of the State for the violation of
Articles 8(1) and 25(1) of the Convention, in relation to Article 1(1) of this instrument, to
the detriment of Melba del Carmen Suárez Peralta, and her mother, Melba Peralta Mendoza.
In addition, the Commission asked the Court to order the State to undertake certain
measures of reparation, which will be described and analyzed in Chapter X of this Judgment.
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