particular circumstances related to the crimes perpetrated against their loved ones126 or as a
result of the actions or omissions of state authorities vis-à-vis the events. 127
141. The petitioners maintain that the fact that Marco Bienvenido Palma
Mendoza’s disappearance was not investigated for three years generated a deep sense of
anguish and uncertainty among his family members, and that the truth about what had
happened was not uncovered until an event occurred that did not come about as a result of
the actions of the State. The State did not present any observations on this point.
142. According to the proved facts, during almost three years, the family
members of Mr. Palma continued to hope that he would be found alive, a situation that
changed only recently with the exhumation and identification of his body. The IACHR
believes that if the State had not shown a lack of diligence in investigations aimed at
uncovering the events that led to the kidnapping and subsequent murder of Mr. Palma, his
family members would not have been exposed to a situation of additional suffering and
anguish, which has had an effect on their social relationships.
143. By virtue of the above, the Commission considers that the State of Ecuador
violated Article 5(1) of the American Convention to the detriment of Mr. Palma’s commonlaw wife, Lidia Bravo Bravo; Mr. Palma’s children, Luis Palma Bravo, Nelson Palma Mendoza,
and Rosalía Palma Bravo; Mr. Palma’s mother, Perfelita Mendoza Aguayo; Mr. Palma
Mendoza’s brothers, Carlos Palma and Víctor Palma; as well as Mr. Palma Mendoza’s
cousin, Pablo Palma Pico.
VI.
CONCLUSIONS
144. Based on the considerations of fact and law presented above, the
Commission concludes that the Republic of Ecuador is responsible for the violation of the
rights to humane treatment, fair trial, and judicial protection, and life, enshrined in Articles
5, 8, and 25, in relation to Article 4 of the American Convention, all in connection with noncompliance with Articles 1(1) and 2 of that instrument to the detriment of: Lidia Bravo
Bravo, Luis Palma Bravo, Nelson Palma Mendoza, Rosalía Palma Bravo, Perfelita Mendoza
Aguayo, Carlos Palma, Víctor Palma, and Pablo Palma Pico.
VII.
RECOMMENDATIONS
145. Based on the analysis and conclusions of this report, the Inter-American
Commission on Human Rights recommends that the Ecuadorian State:
4.
Conduct a complete, impartial, and effective investigation of the events
reported in order to try and punish all of the parties responsible, both materially and
intellectually, for the violations of human rights committed to the detriment of Marco
Bienvenido Palma Mendoza and his family members.
5.
Adopt pertinent measures to make reparations to the family members of Mr.
Marco Bienvenido Palma Mendoza, in both material and moral aspects.
6.
Adopt the measures necessary to keep similar events from occurring in the
future, according to the duty to prevent violations and the duty to guarantee the
fundamental rights recognized in the American Convention and apply the urgent search
126
Inter-American Court. Case of Miguel Castro Castro Prison Vs. Perú. Merits, Reparations, and Costs.
Judgment of November 25, 2006. Ser. C. No. 160, para. 335; Case of Vargas Areco Vs. Paraguay. Merits,
Reparations, and Costs. Judgment of September 26, 2006. Ser. C. No. 153, para. 96.
127
Inter-American Court. Case of Manuel Cepeda Vargas Vs. Colombia. Preliminary Objections, Merits, and
Reparations. Judgment of May 26, 2010. Ser. C., No. 213, para. 195.