9
29.
That the representatives confirmed the effective compliance with such
operative paragraph.
30.
That the Commission mentioned in the hearing that even when on other
occasions it has expressed its misgivings with respect to publication of the
Judgments of the Court in the “El Telégrafo” newspaper, in the instant case, given
the agreement by the victims, it deems such operative paragraph to have been
complied with.
31.
That given the evidence on record in the case file, consisting in copies of the
publications in the newspaper with national coverage and in the Official Gazette of
the State, and the expression of the representatives and the Commission coinciding
in considering this point to have been complied with, this Tribunal finds it to be fully
complied with.
*
*
*
Adapting domestic legislation on states of emergency and suspension of guarantees
32.
That as regards the obligation to 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 emergency and suspension of
guarantees, and in particular the provisions of its National Security Law, to ensure its
adequacy with the American Convention (operative paragraph number nine in the
Judgment), the State pointed out in the course of the hearing that it had submitted
to the Comisión Legislativa [Legislation Committee] the draft bill of a Ley Orgánica
de Garantías Jurisdiccionales y Control Constitucional [Jurisdictional Guarantees and
Constitutional Control Organic Act], in which there is a section called “constitutional
control of the states of exception”, wherein a formal and substantive control of the
declaration of a state of exception and of the measures adopted is established, as
well as its coexistence with a political control in charge of the Asamblea Legislativa
[Legislative Assembly].
33.
That, in their turn, the representatives indicated that “the Tribunal
Constitucional [Constitutional Court] in a June [2008] Judgment declared Articles
145 [and 147] of the Ley de Seguridad Nacional [National Security Law], whereby
military courts were allowed to judge civilians during states of emergency, to be
unconstitutional.” Likewise, the representatives supplied information about the
regulation of states of emergency after the adoption of the new Constitution of
Ecuador.
34.
That the Commission, in the course of the hearing, expressed its concern
about Article 164 of the Constitution being much like the former text, and including
“serious internal commotion” or “public disaster”, among the grounds for decreeing
the state of exception, for which reason it alleged “in the instant case, in the context
of which the record and the problems attending the state of emergency decreed in
order to fight social protests and common crime […]. This latter term is very
ambiguous and can be viewed from many subjective standpoints.”
35.
That in the Judgment, the Court determined that neither Decree No. 86
declaring the state of emergency and the suspension of guarantees nor the wording
in the Ley de Seguridad Nacional [National Security Law] in force in Ecuador at the
time of the extrajudicial execution of Wilmer Zambrano-Vélez, Segundo Olmedo
Caicedo Cobeña and José Miguel Caicedo, set any limits in time or in space to