4.
Law on the Reparation of Victims and Prosecution
83.
On November 26, 2013, the National Assembly of Ecuador passed the "Law for Reparation of
Victims and Prosecution of Human Rights Violations and Crimes against Humanity in Ecuador between
October 4, 1983 and December 31, 2008,"80, published on December 13, 2013 (hereinafter Law on Reparation
for Victims and Prosecution).
84.
In Article 2 of the Law, the Ecuadorian State acknowledges its liability for the human rights
violations documented by the Truth Commission.
Article 2. Acknowledgment of the liability of the State: The Ecuadorian State acknowledges
its objective liability for the human rights violations documented by the Truth Commission
and that the victims suffered unwarranted violations against their life, liberty, integrity, and
dignity, so that they and Ecuadorian society must be guaranteed, without delay, the right to
recognition of the truth of the facts, to justice, and reparation, and to certainty that what
happened will never happen again.
85.
As for the scope of the acknowledgment of liability, Article 2 also provides that:
The Ecuadorian State shall be liable for judicial errors, unwarranted delays or inappropriate
administration of justice, violation of the right to effective judicial protection, and for
violations of principles and rules of due process documented by the Truth Commission and
shall make full reparation to persons who suffered impairment and violations of their human
rights.81
86.
Included among the reparation measures provided for in the Law (Article 6.3) are looking
for, locating, and releasing disappeared persons, and in cases in which they died, exhuming, identifying, and
returning their remains.
The National Police will be responsible for looking for, locating, and releasing disappeared
persons under the direction of the Office of the Attorney General. In cases in which the
disappeared person is dead, the aforementioned institutions shall be responsible for
exhuming, identifying, and returning their remains to their next of kin, who shall be entitled
to information as to progress made with the search and to take part in actions undertaken to
that end.82
87.
With respect to investigating and prosecuting the perpetrators of human rights violations
documented by the Truth Commission, Article 10 establishes the following:
Article 10: General rules of proceedings in the event of grave violations of human rights
documented by the Truth Commission. The Ecuadorian State shall adopt, during the pretrial
and criminal proceedings, such constitutional, legal, administrative, and judicial measures as
are necessary to enforce the rights and guarantees of victims and their family members in
the investigation and prosecution of the human rights violations documented by the Truth
80 Appendix 41. Law for Reparation for Victims and Prosecution of Grave Violations of Human Rights and Crimes against
Humanity in Ecuador between October 4, 1983 and December 31, 2008. Dated November 26, 2013, published in the Official Gazette No.
143 of December 13, 2013. Available at: http://www.asambleanacional.gob.ec .
81 Article 2 of the Law for Reparation for Victims and Prosecution of Grave Violations of Human Rights and Crimes against
Humanity in Ecuador between October 4, 1983 and December 31, 2008. See Appendix 41.
82 Article 6.3 of the Law for Reparation for Victims and Prosecution of Grave Violations of Human Rights and Crimes against
Humanity in Ecuador between October 4, 1983 and December 31, 2008. See Appendix 41.
20