2
II
BACKGROUND
2.
The present case was submitted to the Court by the Inter-American
Commission by application dated December 22, 1995, which was accompanied by
Report No. 11/95 approved September 12, 1995. The case originated with petition
(No. 11.273) against Ecuador, lodged with the Secretariat of the Commission on
February 24, 1994.
3.
On November 12, 1997, the Court rendered a judgment on the merits of the
case in the operative paragraphs of which the Court:
1. [Found] that the State of Ecuador violated, to the detriment of Rafael Iván SuárezRosero, Article 7 of the American Convention on Human Rights, in relation to Article 1(1)
of the same, in the terms indicated in paragraphs 38 to 66 of [the] Judgment;
[...]
2. [Found] that the State of Ecuador violated, to the detriment of Rafael Iván SuárezRosero, Article 8 of the American Convention on Human Rights, in relation to Article 1(1)
of the same, in the terms indicated in paragraphs 57 to 83 of [the] Judgment;
[...]
3. [Found] that the State of Ecuador violated, to the detriment of Rafael Iván SuárezRosero, Article 5 of the American Convention on Human Rights, in relation to Article 1(1)
of the same, in the terms indicated in paragraphs 84 to 92 of [the] Judgment;
[...]
4. [Found] that the State of Ecuador violated, to the detriment of Rafael Iván SuárezRosero, Article 25 of the American Convention on Human Rights, in relation to Article
1(1) of the same, in the terms indicated in paragraphs 61 to 66 of [the] Judgment;
[...]
5. [Found] that the final paragraph of the unnumbered article after Article 114 of the
Criminal Code of Ecuador violates Article 2 of the American Convention on Human
Rights, in relation to Articles 7(5) and 1(1) of the same;
[...]
6. Decid[ed] that Ecuador must order an investigation to determine the persons
responsible for the human rights violations referred to in [the] judgment and, where
possible, punish them;
[...]
7. Decid[ed] that Ecuador is obliged to pay a fair indemnity to the victim and his
relatives and to compensate them for any expenses incurred in their representations
relating to this proceeding;
[...]
8. Order[ed] the initiation of the Reparations State, for which purpose it authorize[d]
the President to adopt in due course such measures as may be necessary.
III
PROCEEDINGS AT THE REPARATIONS STAGE