3.
The Commission requested that the Court declare the State of Ecuador
responsible for the violation of Articles 4(1) (Right to Life), 5(1) and 5(2)
(Right to Humane Treatment [Personal Integrity]) of the American
Convention, as relating to the general obligations contained in Article 1(1) of
that instrument, to the detriment of Mr. Pedro Miguel Vera Vera. Likewise, the
Commission requested that the State of Ecuador be declared responsible for
the violation of Articles 8(1) (Fair Trial [Judicial Guarantees]) and 25(1)
(Judicial Protection) of the American Convention, in relation to the general
obligations contained in Article 1(1) of that treaty, to the detriment of
Francisca Mercedes Vera Valdez, Agustín Abraham Vera Vera, Patricio Rubén
Vargas Vera, Johanna Vargas Vera and Francisco Rubén Vargas Balcázar.
Finally, the Commission requested that the Tribunal order the State to
provide certain reparations.
4.
On June 28, 2010, Mr. César Duque, legal advisor with the CEDHU and
representative of the alleged victims (hereinafter “the representative”), filed a
brief of pleadings, motions, and evidence (hereinafter “the brief of pleadings
and motions”) before the Court. In general, the representative agreed with
the arguments contained in the Inter-American Commission's application
(supra paras. 2 and 3) and requested that the Tribunal rule the State of
Ecuador internationally responsible for the violation of Articles 4, 5, 8, and 25
of the American Convention, in relation to Article 1(1) thereof, “for failing to
provide adequate medical attention to Pedro Miguel Vera Vera and save his
liv[e], [a]s well as [for] failing to guarantee an adequate investigation that
would permit the punishment of those responsible, to the detriment of Pedro
Miguel Vera Vera's next of kin.” The representative also requested that the
Court order certain reparations.
5.
On October 11, 2010, the State filed a brief with a preliminary
objection and its answer to the application and comments to the brief of
pleadings and motions (hereinafter, “answer to the application” or “answer”).
The State argued that domestic remedies had not been exhausted and
rejected international responsibility for the violation of the rights established.
The Ecuadorian State indicated that the expenses and compensatory sums
requested by the representative are excessive. On June 2, 2010, the State
accredited Messes. Erick Roberts Garcés and Rodrigo Durango Cordero as
Agent and Alternate Agent, respectively, in the present case.
6.
Pursuant to Article 42(4) of the Rules of Procedure, on December 15,
2010, the Commission and representatives presented, respectively, their
comments to the preliminary objection filed by the State.
II
PROCEEDING BEFORE THE COURT
7.
The State and the representatives were notified of the Commission’s
application on April 29, 2010. During the proceeding before this Tribunal, in
addition to the presentation of the main briefs (supra paras. 1, 4, and 5) and
others submitted by the parties, in an Order dated December 23, 2010, the
President of the Court (hereinafter “the President”) ordered via statements
given before a notary public (hereinafter “affidavit”) the testimony to be
taken from two alleged victims proposed by the representative. Reports from
4