144.
The Ecuadorian State's response was to state, repeatedly, that its police and military
authorities had no record of Mr. Jorge Velásquez Durand's detention and that exhaustive inquiries had been
made to ascertain his whereabouts, but they had not been able to obtain information about his presence in
Ecuador. Here it is to be noted that the State has not provided the IACHR with consistent information
regarding the "exhaustive investigations" referred to.
145.
The Truth Commission's Report, entitled "Without Truth There is No Justice," describes the
moves made on behalf of Mr. Vásquez Durand as follows:
Meanwhile, when she had no more news of her husband, María Gomero filed complaints with
the Peruvian National Congress, the Asociación Pro Derechos Humanos del Perú (APRODEH),
the Council for Peace (Consejo por la Paz), the International Committee of the Red Cross, the
Inter-American Commission on Human Rights, the foreign ministries of Ecuador, Brazil, and
Argentina, and the Episcopal Conference, but failed to elicit any information.
Several moves were undertaken by Ecuadorian authorities in Ecuador to try and locate Jorge
Vásquez. Those inquiries were addressed to the Military Brigade in El Oro, the Archbishopric
in Cuenca, the Command Headquarters of the Tarqui Division, the highest military body in El
Oro, and the Office of the Archbishop of the Armed Forces. All these efforts also came to
nothing.150
146.
In this connection, it is important to stress that, through a human rights organization in
Ecuador, the petitioners attempted to bring a habeas corpus action but they were told by phone that it was
impossible because the victim's whereabouts were not known,151 and knowing them was a prerequisite for
bringing the action.
147.
And in fact, as mentioned earlier, the habeas corpus action established in the laws at the time
of Jorge Vásquez Durand's arbitrary detention and forced disappearance was that referred to in Article
19.16.j of the Political Constitution then in effect, which established:
Article 19: "Everyone is entitled to the following guarantees: No. 16 personal liberty and
security. Consequently: j) Anyone who believes that he has been illegally deprived of his
liberty may invoke habeas corpus. This right is exercised by the person himself or through
an intermediary, without the need for a written mandate, before the Mayor or President of
the Council in whose jurisdiction he is located or before someone representing them. The
municipal authority shall immediately order the appellant to be brought before him with the
order for his detention. The authority's instructions shall be obeyed without comments or
excuses by those in charge of the prison or place of detention.
Once they have been informed of the circumstances leading up to the detention, the Mayor
or President of the Council shall, within 48 hours, order the immediate release of the
plaintiff, if the detainee or the order is not presented, of if the order does not meet legal
requirements, or if procedural irregularities have been committed, or, finally, if the action
has been substantiated and shown to be justified. Any official or employee who fails to obey
the order handed down shall be immediately dismissed from his position or job, without
more ado, by the Mayor or President of the Council, who shall notify the Office of
Comptroller of the dismissal, as well as the authority responsible for appointing a
replacement.152
150
Report of the Truth Commission of Ecuador. 2007. Volume 4 Accounts of cases. 1988-2008 period, pp. 82-84. See Annex 40.
151 See Annex 36. Letter from APRODEH to the Ecumenical Human Rights Commission of Ecuador, dated June 9, 1995.
Appendix to the petitioners’ brief of February 14, 1996.
152
Political Constitution of Ecuador, of 1979.
Available at: http://cancilleria.gob.ec/wp-content/uploads/2013/06/constitucion_1978.pdf
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