5
investigations against her. Additionally, Ecuador must initiate prompt
and effective investigations, guaranteeing their fairness, as well as
that of investigators and judges, notwithstanding the many problems
that the Ecuadorian Judiciary currently faces, and
ii.
the State is obliged to investigate the specific facts of the
Court's decision diligently and within a reasonable term, as well as to
produce detailed and updated reports on the fulfillment of said
measure. The excessively long time elapsed implies a serious risk of
not being able to retrieve the evidence that would help to identify,
prosecute and punish the perpetrators of the facts. On the other hand,
the complaints were not filed with the Government Attorney’s Office
that corresponded to the place where the facts had taken place
(Guayaquil), but with the State Solicitor General, in Quito, which
obstructs the investigation process, insofar as the evidence is mainly
located in a city different from the forum before which the case is
pending.
b)
as regards to the written statement wherein the State is to
acknowledge international responsibility and apologize to the victims: the
State has not reported on the publication of the formal written statement
regarding the facts mentioned in the Judgment prepared by high-level state
authorities.
c)
as regards to the education and training program: the State has not
reported on the fulfillment of this reparation measure. This program has not
been implemented; no contact has even been established with organizations
of the civil society to coordinate the creation of the committee.
d)
as regards to the publication of the extract of the Judgment delivered
by the Court in the Official Gazette, and in newspapers with national
circulation in Ecuador and France:
i.
the publication in the Official Registry of Ecuador that the State
submitted to the Court does not comply with the aforementioned
guideline, inasmuch as only operative paragraphs 1 to 10 were
published;
ii.
in relation to the publication of the extract of the Judgment in
France, they suggest that the State should ask for a quotation in
another newspaper called Libération. Additionally, they suggest that
the State should propose other newspapers that meet the requirement
of wide circulation in France, especially in the area where Mr. Daniel
David Tibi resides, and provide the corresponding quotations, and
iii.
it has been more than ten months since the State informed that
it would instruct its Embassy in France to take the necessary steps to
comply with this part of the Judgment; however, it has failed to do so.
e)
as regards to payment of compensations:
i.
the State has fallen behind with the payment of compensations
and they expect it to make said payment as soon as possible;
ii.
it is necessary for the State to remember that the
compensation includes future expenses for psychological and medical
treatment of Mr. Tibi. Consequently, lack of payment has, among
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