5
17.
Note 11,273/302 of February 14, 2001, in which the Secretariat, on the
instructions of the Court, reiterated to the State the request referred to in the
preceding paragraph.
18.
The report of the State of February 15, 2001, and its attachments, in which it
referred to the components of the judgments on merits and reparations that were
pending compliance. Regarding the payments ordered in the Court’s judgment, it
indicated that they had all been paid, but that the setting up of a trust fund in favor
of the minor, Micaela Suárez Ramadán, was pending. The State also advised that
the name of Mr. Suárez Rosero had been eliminated from the register of criminal
records of the National Police, that it had also taken measures in the Register of the
National Council on Narcotic Drugs and Psychotropic Substances, and that the
Council had officially notified “the different institutions that monitor the financial
system,” “which implie[d] that the fine imposed was non-enforceable.” On March 9,
2001, Ecuador forwarded the original report and several attachments.
19.
The brief of April 6, 2001, and its attachment, in which Alejandro Ponce
Villacís, representative of the victim and his next of kin, referred to compliance with
the payment ordered in the judgment on reparations in favor of the minor, Micaela
Suárez Ramadán, by setting up a trust fund (supra second and third having seen
paragraphs). Mr. Ponce Villacís indicated that “there ha[d] been discussions with
regard to setting up [this trust fund],” because the State had indicated that “the cost
of administering the trust fund while it was active should be assumed by the
beneficiary’ and that ‘the trust fund should be subject to the general taxes included
in domestic legislation.” The representative stated that he did not agree with this
and, consequently, requested the Court to intervene.
20.
The brief of April 20, 3001, and its attachment, in which the Inter-American
Commission forwarded its comments on the State’s report of February 15, 2001
(supra eighteenth having seen paragraph). In this respect, it said that those
responsible for the violations of the human rights of Mr. Suárez Rosero had not been
identified or prosecuted. With regard to the payments made by the State, the
Commission indicated that there was a balance pending with regard to the amounts
due to Margarita Ramadán. It also stated that the setting up of a trust fund in favor
of the minor, Micaela Suárez Ramadán, was pending. With regard to the costs and
expenses, it stated that part of the payment was still pending.
21.
Note CDH-11,273/324 of May 30, 2001, in which the Secretariat requested
the State to present a detailed report and evidence that would allow the Court to
assess compliance with its judgments, because examination of the State’s report of
February 15 (supra eighteenth having seen paragraph) and the Commission’s
comments on that document (supra twentieth having seen paragraph), revealed
contradictory information concerning compliance with several elements.
22.
The brief of August 29, 2001, and its attachments, in which the State
forwarded the requested information (supra twenty-first having seen paragraph). In
this respect, it indicated that Mr. Suárez Rosero had not appeared to make a
statement before the Judge of Criminal Affairs of Pichincha. It attached a copy of
the cheques issued in favor of the victim, his next of kin and his lawyers. Regarding
the pending trust fund in favor of the minor, Micaela Suárez Ramadán, the State
indicated that the Court should determine who should cover the administrative costs.
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