specified above.
201. By virtue of the declared violations, and as a guarantee of non-repetition, this Court orders
that, in accordance with its constitutional procedures, the State adopt the pertinent legal
provisions that regulate the precise parameters for the use of force by security force agents, which
would include the applicable limitations and adequate control and accountability mechanisms, all
in accordance with international human rights standards, which requires satisfying the principles
of legality, legitimate purpose, absolute necessity, and proportionality (supra paras. 105 , 114 to
126). The State must comply with said order within a maximum period of three years following
notification of this Judgment.
202. To this effect, the Court mentions that the various national authorities, including those
involved in the process of adopting the laws being processed, have an obligation to make an ex
officio review of the laws for compliance within the scope of their respective authorities and
corresponding procedural regulations. To effectively comply with what has been ordered, said
authorities should keep in mind not only the content of the cited treaty, but also the interpretation
that the Inter-American Court has made in its case law, and more specifically, the standards
included in this Judgment.167
F. Other measures requested
203. The Commission requested that the Court order the following measures: a) train the
agents of the National Navy on international standards relating to the use of force; b)
strengthening investigative capacities in cases of the use of lethal force, and c) ensuring that
internal regulations and their interpretation are compatible with international standards regarding
the application of military criminal justice.
204. The representatives, meanwhile, requested that the State be ordered to hold a public act
of acknowledgment of international responsibility, "apologies and reparations," with the presence
of the President of the Republic, as supreme head of the Armed Forces, and the Defense Minister.
Similarly, they required that "a serious, broad, objective, professional, and exhaustive training
program" be available to the "agents in charge of performing security tasks." They also requested
that the State be ordered to implement a permanent “[p]rosecutor’s office specializing in crimes
related to the excessive, excessive, arbitrary, and negligent use of force by any State body,” with
autonomy and jurisdiction throughout the nation's territory.
205. They also requested that a "[l]aw for the comprehensive reparation of victims of crimes and
human rights violations" be adopted, which should be for general application, without limiting
itself to the violations documented by the Truth Commission and without any restriction on time.
They also required the implementation of a "[state body that provides legal advice and
sponsorship to victims of crimes and human rights violations]," as well as the creation of a
"[financial fund for legal and technical assistance to victims of crimes and of human rights
violations],” to be included in the national budget.
206. Lastly, they indicated that "full school scholarships through higher education" be granted to
the daughters of Andrés Alejandro Casierra Quiñonez, given that the acts perpetrated against
him, in addition to causing him various expenses, have prevented him from generating sufficient
income. Likewise, they requested that a “Luis Eduardo Casierra Quiñonez annual scholarship be
created,” with a symbolic scope and granted to children of fishermen from Atacames.
207. The State argued that the Ombudsman's Office, in accordance with the powers determined
by the Constitution and its respective organic law, provides advice and legal sponsorship to victims
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of September 26, 2006. Series C No. 154, and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 180.
167
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