3
8.
On September 12, 1995, the Commission approved Report 21/95 and
forwarded it to the State on October 5 of that year, with the request that within 60
days, it supply information on the measures adopted to comply with its
recommendations. In that report, the Commission’s finding was as follows:
1.
Based on the information and observations stated above, that the State of
Ecuador has violated Articles 3, 4, 5, 7, 8 and 25 of the American Convention, and has
failed to uphold its obligation established in Article 1.
2.
To recommend to the Government of Ecuador that it:
a.
Undertake a prompt, impartial and effective investigation of the facts
denounced so that the circumstances of the violations found may be fully
detailed in an officially sanctioned account of the detention, torture, and
murder of Consuelo Benavides.
b.
Adopt the measures to submit the individuals responsible for the violations
in the instant case to the appropriate judicial processes [...]
c.
Redress the consequences of the violation of the rights enunciated,
including the payment of fair compensation to those who have suffered
harm as a result of the foregoing violations.
3.
To transmit this report to the Government of Ecuador and to provide the
Government with 60 days to implement the recommendations contained herein. The 60day period shall begin as of the date this report is transmitted. During the 60 days in
question the Government may not publish this report, in keeping with Article 50 of the
American Convention on Human Rights.
4.
To present the instant case to the Inter-American Court of Human Rights, in
accordance with Article 51 of the American Convention, if before sixty (60) days as of
transmittal of this document the Government has not put into practice the
aforementioned recommendations.
9.
On December 4 and 14, 1995, the State forwarded to the Commission
documents relating to the domestic proceedings, including two judgments sent on
December 14. The final confirmation of this process came on December 5 of that
year, wherein the individuals responsible for the unlawful and arbitrary detention of
Ms. Benavides Cevallos were convicted. In acknowledging receipt of the documents
in question, the Commission informed Ecuador that it had filed after the deadline set
to be in compliance with the recommendations contained in Report 21/95 and that "if
it intended the December 14, 1995 transmission as a request for reconsideration of
the case, that intention should have been made explicit." On December 20, 1995,
the State expressly requested that the Commission reconsider its finding based on
the court rulings submitted, which in its view demonstrated "the Ecuadorian
authorities interest in clearing up this case."
10.
The Commission agreed to Ecuador’s request and scheduled reconsideration
of its report for its 91st. regular session. During this session, the Commission found
that the State had not complied with the recommendations contained in Report
21/95 and decided to file an application with the Court.
IV
PROCEEDINGS BEFORE THE COURT