90.
In addition, the State underscored the nature of its commitment and the State's obligations
when it enacted the Law for Reparation of Victims and Prosecution in 2013,89 Article 2 of which
acknowledged the Ecuadorian State’s objective liability for the human rights violations documented by the
Truth Commission. The same Article specifies the scope of that acknowledgment, that is to say, the State's
liability for judicial errors, unwarranted delay or improper administration of justice, violation of the right to
effective judicial protection, and for violations of the principles and rules of due process documented by the
Truth Commission.90
91.
Even though the State made no reference to this recognition, the Commission takes a
positive view of it and determines that it has legal effects in the proceedings. One of the documented cases is
that of Jorge Vásquez Durand. In light of the above, the Commission understands that the State of Ecuador
accepts the truth of the facts of the instance case and acknowledges -- to the extent indicated -- its liability in
the arbitrary arrest and subsequent forced disappearance of Mr. Jorge Vásquez Durand.
B.
Analysis
1.
Right to life, humane treatment, and personal liberty (articles 4.1, 5.1, 5.2, and 7 of the
American Convention, in conjunction with articles 1.1 and 1.2 of the same instrument
and with the obligation set forth in article 1 of the IACFDP).
92.
Article 4(1) of the American Convention on Human Rights provides, “Every person has the
right to have his life respected. This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.
93.
For their part, numbered paragraphs1 and 2 of article 5 of the same instrument establish
that every person has the right to have his physical, mental, and moral integrity respected and that no one
shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons
deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
94.
The initial paragraphs of Article 7 of the American Convention provide:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the constitution of the State Party concerned or by a
law established pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be
promptly notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized
by law to exercise judicial power and shall be entitled to trial within a reasonable time or to
be released without prejudice to the continuation of the proceedings. His release may be
subject to guarantees to assure his appearance for trial.
[…]
89 Article 1 of the aforementioned Law specifies that its purpose is to "regulate comprehensive reparation to the victims of the
grave violations of human rights and crimes against humanity committed in Ecuador between October 4, 1983 and December 31, 2008,
that were documented by the Truth Commission; and to guarantee their prosecution."
90 In Article 2013 of the Law, the Ecuadorian State acknowledges its liability for the human rights violations documented by
the Truth Commission. 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 establishes:
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.
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