Commission, pursuant to domestic legislation and international instruments on human
rights and the prosecution of crimes against humanity.83
88.
During the processing of the case, the State made no specific reference to this law or to its
implementation in the instant case.
VI.
ANALYSIS OF LAW
A.
Preliminary consideration regarding the acknowledgment of liability contemplated in
the Law for the Reparation of Victims and Prosecution.
89.
As indicated supra para. 68, on May 3, 2007, the Truth Commission in Ecuador was
established by Executive Decree No. 305, published in the Official Gazette No. 87, of May 18, 2007,84with a
view to investigating human rights violations between 1984 and 1988, and other special cases.85 As the
Report of the Truth Commission points out, it "was established at the behest of a group of victims of human
rights violations, who had been demanding from the Ecuadorian State that it duly satisfy their rights to the
truth, justice, and reparation."86 The report further established that:
Ever since it was installed, the Commission was backed by the National Government headed
by Rafael Correa, who assigned and guaranteed the ongoing budget allocation needed to
perform the task entrusted to the Commission. His constant support of its work made it
possible, inter alia, to access confidential information, and police and military installations
[...].87
[…]
Based on Article 6 of the Decree establishing the Commission, which indicated that
proposals should be put forward for mechanisms for following up on recommendations, the
Commission included in its Final Report a draft law outlining the institutional mechanisms
needed to continue the efforts to overcome impunity with regard to the grave violations of
human rights and crimes against humanity committed in Ecuador, for which the State bore
responsibility.88
83 Article 10 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.
84 "The Truth Commission of Ecuador was established as the outcome of a historical process driven by a number of
organizations of victims of human rights violations and their family members over the course of more than 20 years (the Committee of
Family Members of Political Prisoners, the Committee of Family Members against Impunity, and, in recent years, the No to Impunity
Ecuadorian Committee - CENIMPU -- to which not only family members but also some direct victims belonged), which had been
demanding that the Ecuadorian State fully acknowledge and satisfy their rights to truth, justice, and reparation." Appendix 46. Report of
the
Truth
Commission
of
Ecuador.
2007.
Executive
Summary.
Introduction,
p.
17.
Available
at:
http://www.alfonsozambrano.com/comision_verdad/index.htm
85 The Ecuadorian Peace Commission's objectives were to: 1. To conduct an in-depth and independent investigation into
human rights violations between 1984 and 1988, as well as other special cases, such as the so-called Fybeca case, and their underlying
causes and circumstances. 2. Request declassification of State archives marked confidential or national security-related. 3. Foster
recognition for the victims of those violations and devise reparation policies. 4. Recommend the necessary legal and institutional
reforms, and effective mechanisms for preventing and punishing human rights violations. 5. Determine the existence of probable
circumstantial evidence of civil, criminal, and administrative liabilities and to pass it on to the pertinent authorities. Report of the Truth
Commission of Ecuador. 2007. Executive Summary. Introduction, p. 17. See Appendix 37.
86
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 13.
87
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 17.
88
Appendix 37. Report of the Truth Commission of Ecuador. 2007. Introduction, p. 22.
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