156. Here, the IACHR recalls that Mr. Jorge Vásquez Durand was detained by army personnel on January 30, 1995 and was last seen alive in mid-June of that year in a military barracks. It is also mindful of the fact that the Ecuadorian Truth Commission ratified the facts alleged here in its Final Report, published in June 2010. 157. However, in the case sub judice the State has not provided information on the specific actions undertaken by its authorities to ascertain the whereabouts of Mr. Jorge Vásquez Durand. At the same time, Ecuador has not provided an explanation to justify the absence, so far, of a final judicial decision by a competent organ on the disappearance of the victim. 158. Based on the arguments of the parties, the proven facts, and the analysis conducted in this section, the Commission concludes that -- now that more than 19 years have elapses since the forced disappearance of the victim, without disclosure of the full truth of what happened, without domestic criminal proceedings being initiated to determine the whereabouts of the victim or guarantee rights of access to justice and to know the truth, through investigation and the possible punishment of the perpetrators and comprehensive reparation for the consequences of the violations -- the State violated the rights recognized in articles 8.1 and 25.1 of the American Convention, in conjunction with article 1.1 of the same instrument, and article 1.b of the IACFDP, to the detriment of Mr. Vásquez Durand and the members of his family. 4. 159. Obligation to adopt domestic legal provisions relating to the definition of the offense of forced disappearance of persons (article 2 of the Convention and article III of the IACFDP) and to the habeas corpus provisions in effect in 1995. Article III of the IACFDP provides as follows: The States Parties undertake to adopt, in accordance with their constitutional procedures, the legislative measures that may be needed to define the forced disappearance of persons as an offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined. […] 160. The preamble of the Comprehensive Organic Criminal Code, adopted on January 28, 2014 and published in Official Gazette No. 180 of February 10, 2014, establishes the need to bring national laws and regulations into line with international commitments and it points out that, for the first time in Ecuador, such offenses are defined as failure to report torture, forced disappearance, and sexual violence in armed conflict. 161. It takes note of the fact that under Article 80 of the Constitution actions brought on account of the genocide, crimes against humanity, war crimes, forced disappearance of persons, and aggression against a State shall not be subject to the statute of limitations. For its part, Article 84 of the Comprehensive Organic Criminal Code defines forced disappearance as follows: Any State agent/official or someone acting with his or her consent, who deprives someone of his or her liberty, and then fails to inform about or denies said deprivation of liberty and refuses to report the whereabouts or fate of a person, thereby preventing the exercise of constitutional or legal guarantees, shall be punished with imprisonment of between 22 and 26 years. 162. Article 73 of the same Code established that the National Assembly may not grant pardon or amnesty in cases of the forced disappearance of persons. That restriction does not apply to a presidential pardon, according to Article 74 of the same legal Code. 37

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