Vera Vera and to identify those responsible has lapsed under the statute of
limitations in Ecuador.”123
113. Notwithstanding, in the application, Commission requested the Court
to order the State “[t]o carry out a prompt, diligent, and effective
investigation, and to punish those responsible for the violations detailed in the
[…] application, including those State employees who, given their actions and
omissions, contributed to the denial of justice,” without arguing why this is
appropriate in the present case. In this regard, during the public hearing
(supra para. 8), the Court asked the Commission to establish the basis for
said request. The Commission noted that, notwithstanding the possibility of
extending its response in writing, it was “important to take into consideration
accountability or the establishment of responsibility from different
perspectives[, which could be] administrative or criminal[,...] depending a bit
on the different moments and serious shortcomings that the Commission[,...]
the representatives, and the State] have presented in their various briefs.”
Moreover, it mentioned that “in various cases, the Court has noted [that]
concepts like the statute of limitation can constitute, in specific cases, an
obstacle to the investigation and ascertainment of the facts in violation of
human rights.” Even though in the case of Albán Cornejo, the Court […]
explained that because it does not necessarily involve an imprescriptible
crime under international law, it did not follow to order the relevant
investigation[,]” it noted that recently in the last Monitoring of Compliance
Order in the case of Bámaca Velásquez v. Guatemala, “the Court introduced a
position regarding a case in review that it must be done to the judicial
authorities when there is a link between, on the one hand, the rights of the
next of kin of the victims of human rights violations to know what occurred,
and on the other hand, the possible procedural guarantees of the accused,”
and that it should be done on a case by case basis. The Commission noted
that given that in this case no investigation carried out, "the specific nature of
the facts cannot be understood, if the responsibility falls on the detention, on
the bullet, in medical negligence, or whether there might be an act of torture
by omission at hand,” namely, “what happened is not known nor are the
levels of responsibility known so as to prevent a priori that the investigations
be carried out.” In this regard, it claimed that “at minimum, an investigation
is required that would allow for clarification and [that] it falls on the domestic
judicial authorities to consider the possible procedural guarantees in terms of
figures such as statute of limitations or non bis in idem, and others.”
114. In its final written arguments, the Commission noted that pursuant to
the constant jurisprudence of the bodies of the Inter-American System, “the
invocation of procedural concepts such as statute of limitations is not
admissible, in order to avoid the obligation to investigate and punish serious
human rights violations.” According to the Commission, “this concept has
been applied to both contexts of widespread and systematic violations, as to
certain violations that, in the particular circumstances of the case, are of a
significant level of gravity.” It indicated that, recently, in the mentioned Order
in the case of Bámaca Velásquez v. Guatemala (supra para. 113), the Court
developed some guidelines to consider in cases in which there may be tension
between the procedural rights of potential defendants and the rights of
123
Expert statement of Mr. Manuel Ramiro Aguilar Torres (case file of Merits, tomo I, folio
590).
44
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