REPORT No. 90/14
CASE 11.442
ADMISSIBILITY AND MERITS
LUIS JORGE VALENCIA HINOJOSA
ECUADOR
OCTOBER XX, 2014
I.

SUMMARY

1.
On November 8, 1994, the Inter-American Commission on Human Rights (hereinafter also
“the Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition submitted by the
Comisión Ecuménica de Derechos Humanos (hereinafter also "the petitioners ") alleging the violation by the
Republic of Ecuador (hereinafter “the Ecuadorian State,” “the State,” or “Ecuador”) of several provisions of the
American Convention on Human Rights (hereinafter also “the Convention” or “the American Convention”).
The petition indicates that Mr. Luis Jorge Valencia Hinojosa, a police agent, was arbitrarily deprived of his life
at the hands of another police agent. It is also indicated that the facts were investigated by the criminal justice
of the police jurisdiction in a proceeding with many shortcomings and in which those implicated were
absolved in a final judgment as it was determined that it was a suicide.
2.
The Commission recorded the petition under case number 11,442 and on March 13, 1995,
ordered that it be processed in keeping with the Regulations then in force, and forwarded the complaint to
the Ecuadorian State. On May 8, 2003, the Commission, applying Article 37(3) of its Rules of Procedure then
in force, decided to defer the treatment of admissibility until the debate and decision on the merits.
3.
The Ecuadorian State asked the Commission to find the case inadmissible on grounds of no
unwarranted delay in the decision on the remedies and for having failed to meet the requirement of
exhausting domestic remedies. It also asked that in the analysis on the merits it be found that the State had
respected the right to life, the right to judicial guarantees, and the right to judicial protection.
4.
After analyzing the parties’ positions, the Inter-American Commission concluded that the
case is admissible and that the Ecuadorian State is responsible for violating the right to life established at
Article 4 of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of
Luis Jorge Valencia Hinojosa. In addition, the Commission concluded that the Ecuadorian State is responsible
for violating the right to judicial guarantees and judicial protection, established in Articles 8 and 25 of the
American Convention, in relation to Article 1(1) of the same instrument, to the detriment of Ms. Patricia
Alejandra Trujillo Esparza, the alleged victim’s widow. Based on these conclusions, the Commission made the
respective recommendations.
II.

PROCESSING BEFORE THE COMMISSION

5.
On November 8, 1994, the Commission received the initial petition registered under case
number 11,442. On March 13, 1995, the Commission transferred the pertinent parts of the initial petition to
the State of Ecuador, and requested its observations within 90 days. On August 3, 1995, communication was
received from the State by which it reported that it did not have the information. On March 14, 1996, the
Commission reiterated the request for information to the State. On April 19, 1996, communication was
received from the petitioners by which they reiterated their interest in seeing the case processed, given the
lack of a response from the State.
6.
On May 22, 1996, the State sent the Commission information on the case produced by the
National Police. On June 18, 1996, the Commission forwarded the pertinent parts of the information
submitted by the State to the petitioners, who submitted their observations on August 6, 1996. On December
19, 1996, a communication was received from the State producing additional information, the pertinent parts
of which were forwarded to the petitioners.

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