V
SUMMARY OF THE FACTS OF THE CASE AND HUMAN RIGHTS VIOLATIONS
A) Introduction
33.
In view of all the juridical aspects of the friendly settlement agreement and
Ecuador’s acknowledgment of responsibility therein, as well as the procedural moment
at which they were raised for review, it is not necessary for this Court to make its own
determination of facts and legal consequences in this case based on an analysis and
assessment of the evidence submitted up to this procedural moment. However, in order
to ensure a better understanding of the State's international responsibility in this case,
and so this judgment might also constitute a form of reparation for the victims and
contribute to avoiding repetition of similar violations, the Court deems it necessary to
summarize the facts of the case and the human rights violations that are covered by the
State's acknowledgment of responsibility.
B) Facts
34.
The State acknowledged its international responsibility with respect to "the
provisions of the Merits Report," which includes the Commission’s factual
determinations. Additionally, based on the factual framework established in the Merits
Report, the agreement clarifies the facts of the case. The Court will now briefly review
some of the facts, based on the agreement and on the Merits Report.
B.1) The extrajudicial executions of Walter Huacón Baidal and Mercedes Salazar
Cueva
35.
On the afternoon of March 31, 1997, at the home of Walter Gonzalo Huacón Baidal
and his wife, Mary del Pilar Chancay Quimis, located in the city of Guayaquil, the
aforementioned persons met with Mercedes Eugenia Salazar Cueva, Wilson Eduardo
Huacón Baidal, William Huacón and other family members to plan a 15th birthday party.
At approximately 5:30 p.m., Wilson Huacón went home with his two daughters. His
partner, Mercedes Salazar, left half an hour later accompanied by Walter Huacón, who
asked his cousin, William Huacón, to lend him his vehicle, a taxi that was parked outside
the meeting place.
36.
Walter Huacón forgot to take his driver's license and vehicle documents with him.
Nevertheless, he drove the taxi down Avenida Perimetral for about 200 meters, until,
when stopped by a patrolman of the Traffic Commission who was requesting documents,
he realized that he did not have them and turned around to go back to the house, going
the wrong way.
37.
In response to this maneuver, two members of the Traffic Commission proceeded
to chase him. Four police officers on two motorcycles joined the chase. The police and
traffic officers began firing shots at the taxi, which hit Mercedes Salazar. Subsequently,
Walter Huacón arrived at the house yelling at Mary Chancay to pass him the documents.
As she came out of the house, Mary saw Walter get out of the cab with his hands in the
air, and police officer J.C.B. shot him in the legs. The same police officer stuck his gun
through the back window of the taxi and fired two shots aimed at the heart of the body
of Mercedes Salazar. When Mary Chancay tried to help Walter Huacón, police officer
J.C.B. pushed her and shot him again, this time under the chin, killing him. Ms. Salazar
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