Order of the
Inter-American Court of Human Rights
of September 21, 2009
Case of Zambrano-Vélez et al. v. Ecuador
(Monitoring Compliance with Judgment)
Having seen:
1.
The Judgment on merits rendered by the Inter-American Court of Human
Rights (hereinafter "the Court" or "the Inter-American Court") on July 4, 2007, by
means of which, inter alia, the Court decided that:
[…]
6.
The State shall immediately carry out the necessary actions and use all
available means to render effective the investigation and proceedings in the ordinary
criminal jurisdiction to identify, prosecute and if applicable punish those responsible for
the extrajudicial execution of Wilmer Zambrano-Vélez, José Miguel Caicedo Cobeña and
Segundo Olmedo Caicedo Cobeña; and as such, to avoid the repetition of facts similar to
those in the instant case, as set forth in paragraph 148 of the present Judgment.
Moreover, the State shall satisfy the right to truth of the victims’ family members and
ensure that they have full access and capacity to act in all stages and instances of the
said investigations and proceedings, pursuant to the domestic laws and the provisions of
the American Convention on Human Rights, as set forth in paragraph 149 of the [...]
Judgment.
7.
The State shall carry out, within six months from the notification of the [...]
Judgment, a public act of acknowledgement of its responsibility for the extrajudicial
execution of the victims and the other violations committed in the instant case, as set
forth in paragraph 150 of the present Judgment.
8.
The State shall publish at least once in the Official Gazette and in other
newspaper of broad national coverage, paragraphs 9 to 130 of the [...] Judgment and
the operative paragraphs therein, within six months from the notification of the [...]
Judgment, as set forth in paragraph 151 of the [...] Judgment.
9.
The State shall adopt all legal, administrative and other measures necessary to
prevent further occurrence of similar facts; especially, the State must adapt its domestic
legislation on states of exceptions and suspension of guarantees, and in particular the
provisions of its National Security Law, to ensure its adequacy with the American
Convention, as set forth in paragraphs 152 to 154 of the […] Judgment.
10.
The State shall implement, within a reasonable time, permanent programs of
education in human rights for members of the Military Forces and National Police in all
hierarchical levels, with a particular emphasis on the legitimate use of force and states
of emergency; and for prosecutors and judges, on international standards related to the
judicial protection of human rights, as set forth in paragraphs 155 to 158 of the [..]
Judgment.
11.
The State shall pay directly to the family members of Mr. Wilmer ZambranoVélez, Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña the
amounts set in paragraphs 139, 140, 143, 144 and 145 of the present Judgment, as
compensation for pecuniary and non-pecuniary damages, within one year from the
notification of the present Judgment, as set forth in paragraphs 163, 164, 166 and 167
of the […] Judgment.
12.
The State shall pay directly to the Comisión Ecuménica de Derechos Humanos
(CEDHU) the amounts set in paragraph 161 of the [...] Judgment as compensation for
legal costs and expenses, within one year from the notification of the [...] Judgment, as
set forth in paragraphs 165 to 167 of the [...] Judgment.