55
253. The State must make the payment of the compensation for non-pecuniary
damage directly to the beneficiaries within the term of one year following notice of this
judgment.
C)
MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION
254. In this section, the Court will determine the measures of satisfaction that seek to
repair the non-pecuniary damage and that are not of a pecuniary nature, and will decide
on measures of a public scope and impact.173
a)
obligation to investigate the facts that gave rise to the violations in the
instant case, and identify, prosecute and, if applicable, sanction those
responsible
255. The Commission and the representative requested that the State be ordered to
conduct a complete, impartial, effective and prompt investigation in order to identify and
sanction those responsible for the facts. The representatives also asked that the State be
ordered to take the necessary administrative measures to “obtain the dishonorable
discharge from the police of those members who acted in violation of the human rights of
the […] victims.”
256.
During the public hearing, the State affirmed that:
There is a certain presumption of police and judicial irresponsibility and arbitrariness that merits
the initiation of the respective investigations into the actions of the officials who intervened in the
proceeding; after the corresponding judicial and administrative assessment, these investigations
will determine individual responsibilities and the eventual exercise of the right of recovery by the
Ecuadorean State, once the procedure to do this has been regulated.
257.
point.
The Court accepts and takes note of the measures taken by the State on this
b)
Elimination of the records against Messrs. Chaparro and Lapo
258. As appendixes to its final arguments brief, the State submitted a copy of the
letters sent, on May 30, 2007, by the Public Prosecutor (Procurador General) to the
Commander General of the National Police,174 the Executive President of the Private
Banks Association,175 and the Superintendent of Banks,176 requesting them to take the
necessary measures to eliminate Messrs. Chaparro and Lapo from all the records they
hold concerning the unlawful acts of which they have been acquitted.
259. The Court notes that these actions were adopted in order to eliminate the criminal
record of the victims, to facilitate their access to different credit and banking services
173
Cf. Case of Myrna Mack Chang, supra note 13, para. 268; Case of the 19 Tradesmen v. Colombia.
Merits, reparations, and costs. Judgment of July 5, 2004. Series C No. 109, para. 253, and Case of Zambrano
Vélez et al., supra note 13, para. 147.
174
Cf. official letter No. 1886 signed by the Public Prosecutor and addressed to the Commander General
of the National Police (file on merits, volume II, folios 591 and 592)
175
Cf. official letter No. 1885 signed by the Public Prosecutor and addressed to the Executive President of
the Association of Private Banks (file on merits, volume II, folios 593 and 594).
176
Cf. official letter No. 1884 signed by the Public Prosecutor and addressed to the Superintendent of
Banks (file on merits, volume II, folios 595 and 596).
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