6
15.
The Commission did not submit observations regarding compliance with this
obligation.
16.
The Court recognizes the steps taken by the State to disseminate the Judgment by
television. In addition, it notes that based on the information presented and in conformity
with that indicated in paragraph 264 of the Judgment, the representatives and/or the
victims have participated in the planning or development of the activities or instruments for
the dissemination of the Judgment by radio and television. Therefore, the Court considers
that the State has partially complied with the obligation to disseminate the judgment by
television, through the national broadcast of apology and the documentary “The Right to
Memory.” Based on that indicated by the State, the Court awaits detailed information on the
broadcast of the latter by “Ecuador TV,” (supra Considering 12).
17.
Additionally, based on the information provided by the parties, the obligation to
disseminate the Judgment by radio is still pending compliance. Therefore, the Court
requests the State, within the term indicated in the operative section of the instant Order,
to submit detailed and complete information on compliance with this obligation, and
specifically requests the State to refer to the activities mentioned by the representatives
regarding dissemination by radio (supra Considering 13).
*
*
*
18.
With regards to the obligation to adapt its internal legislation so that charges would
cease to be made for the deposit and handling of the assets seized from individuals who had
not been convicted by final judgment (operative paragraph eleven of the Judgment), the
State reported that the Management Board of the National Council on Narcotic Drugs and
Psychotropic Substances (hereinafter “CONSEP”) issued Resolution No. 2008 006 CD on
June 4, 2008, published in Official Record 380 of July 15, 2008, whereby it modified the
CONSEP’s internal regulations, thus satisfying this obligation. This resolution set forth the
following:
Art. 1.- Substitute Art. 31 of the Rules on the Deposit of Assets Seized or Confiscated and
delivered to CONSEP:
“Art. 31.- To return the assets referred to in the previous section, Article 80.1 of the Rules on
the Application of the Narcotic Drugs and Psychotropic Substances Act shall be followed,
issued by the President of the Republic through Executive Decree Nº 985 of March 27, 2008,
published in Official Record Nº 312 of April 9, 2008.
The accused individuals who were provisionally or definitely dismissed or acquitted, prior to
the issue of this resolution, are not obligated to pay the warehouse, deposit, reimbursements
or fees of the custodians, depositaries – managers or supervisors in which the institution
incurred, as long as the return of their assets by CONSEP is still pending when this resolution
becomes effective.
Individuals not accused, owners of the assets seized or confiscated delivered to CONSEP as a
deposit for their assets to be restored, are not obligated to pay the warehouse, deposit,
reimbursements or fees of the custodians, depositaries – managers or supervisors incurred
by CONSEP for management, deposit or custody of these assets.
The obligations obtained by the owner of the assets, pending payment prior to their seizure
or confiscation, and covered by CONSEP, shall be paid by the owner of those assets prior to
their return.
The return of the assets, ordered by the Judge, will become effective by signing the Act of
Delivery-Receipt between the CONSEP depositary and the owner of the assets.”
Art. 2.- Add the following after Art. 31 of the Rules on the Deposit of Assets Seized or
Confiscated and delivered to CONSEP:
“Art. 31.1.- The costs and expenses incurred by CONSEP in the withholding, seizing, deposit,
management or custody of the assets returned, in the application of Executive Decree N°