instrument.
133. The representatives pointed out that the State violated the right of access to justice
of the alleged victims, given the normative design in force at the time of the facts, insofar as
the victims were not allowed to participate in the process before the military criminal justice
system, which caused procedural imbalance. They requested declaration of violation of Articles
8(1) and 25(1) of the Convention in relation to Article 24 of the same instrument.
134. The State indicated that it “recognizes that investigation [of the facts] and the
subsequent criminal proceedings in [the] military jurisdiction […] were not in accordance with
the inter-American standards,” in particular because the military jurisdiction “is not the
competent jurisdiction to investigate and, where appropriate, prosecute and punish the
perpetrators of alleged human rights violations.” It argued that, notwithstanding the
foregoing, "the international responsibility" of the state was not established, because since
issuing the final report of the Truth Commission, the competent authorities "took the
necessary measures to investigate the crime with the order to punish those responsible.”
135. It indicated that the domestic legal system in force at the time of the events "allowed
for effective protection of judicial guarantees," such that any allegation regarding an alleged
violation of Article 2 of the Convention in this matter must be dismissed. It added that, at
present, the regulations related to the Military Criminal Code have been repealed, so that
"practices connected to military jurisdiction have also been eliminated from the Ecuadorian
judicial system."
136. It indicated that, despite an unsatisfactory response by the military criminal jurisdiction,
the investigation undertaken since the Truth Commission report was issued “satisfied the
State's obligations to guarantee the rights of [the] next of kin of access to justice and to know
the truth about the facts.” Thus, the Truth Commission "documented eight victims and
concluded that four alleged perpetrators were involved." It indicated that the Office of the
Prosecutor General has carried out various procedures, including collecting information and
exhuming the body of Luis Eduardo Casierra Quiñonez. Said institution is carrying out the
necessary actions aimed at determining the responsibilities derived from the facts of the case.
It added that the alleged victims and their representatives have access to the investigation
file and are informed of the progress made.
137. It indicated that the mere fact that the investigation has not made it possible to identify
the criminal responsibility of the perpetrator or perpetrators of the crimes committed does not
constitute, per se, a violation of human rights.
A.2. Right to the protection of honor and dignity
138. The representatives argued that the public accusation made by the State of the
Casierra Quiñonez brothers, insofar as “they carried firearms and used them against the
National Navy, significantly detract[ed] from their honor and good name; not only theirs, but
that of their whole family." Such accusations, regarding which the state authorities did not
present irrefutable evidence, classified the alleged victims as “criminals and bandits,” which
seriously damaged their personal life, public reputation, and their family environment.
139. The State indicated that the alleged victims were not prosecuted or arrested for any
crime, nor was any judicial proceeding initiated against them, so there is no basis for affirming
that they suffered “accusations” by the domestic authorities. It indicated that the
representatives did not argue what precisely consisted of the effects on the honor or private
life of the alleged victims, thereby failing to provide evidence of damage to that effect. On the
contrary, the testimony of the alleged victims and witnesses to the events show that they
have not suffered any harm to their honor and dignity.
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