ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS∗ OF NOVEMBER 27, 2003 BENAVIDES CEVALLOS CASE COMPLIANCE WITH JUDGMENT HAVING SEEN: 1. The judgment in Benavides Cevallos v. Ecuador delivered by the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”) on June 19, 1998, in which it considered that: […] to determine reparations, the Court took cognizance of the pertinent aspects of the February 20, 1998 agreement. In the document in question, the State made the following commitments and the following statements: 1.In accordance with Articles 1045 and 1052 of the Civil Code, a lump-sum compensation of US$1,000,000.00 (one million United States dollars) or its equivalent in national currency shall be delivered to Luis Darío Benavides Enríquez and Sofía Rosa María Cevallos, the parents of Consuelo Benavides Cevallos and, in the absence of spouse and children, her sole heirs. Although there are no conditions to this payment, they have offered to invest the bulk of it in a manner that memorializes the deceased’s name. This compensation covers expenses and fees, lost income, and moral damages; it shall be paid to Mr. and Mrs. Benavides Cevallos, in accordance with domestic law, against the State’s general budget; the Procurator shall notify the Ministry of Finance and Public Credit that this obligation is to be discharged within 90 days from the day on which this document is signed. 2. The compensation in question is independent of the compensation awarded by the National Congress under Decree No. 29, published in the Official Gazette No. 993 of July 22, 1996, and which Mr. and Mrs. Benavides declined. 3. Nor does it include any compensation that the parents of Consuelo Benavides are entitled to claim from those responsible for her unlawful and arbitrary arrest, torture and murder, and who were convicted under Articles 52 and 67 of the Ecuadorian Penal Code. 4. The Ecuadorian State pledges to continue and conclude the judicial proceedings that were suspended when the suspects in the crime committed against Professor Benavides escaped; to take the judicial action that the law prescribes against persons who, although responsible for related crimes, were never punished. It will, either directly or through the competent authorities, exhaust every effort and measure required under domestic law so that the crime committed against Professor Benavides does not go unpunished. 5. The Ecuadorian State, through the Office of the State Attorney will instruct the Ministry of Education and Culture and the municipalities in the country, in exercise of their legal authorities, to memorialize the name of Ms. Consuelo Benavides Cevallos on streets, squares or schools, as her parents requested. Likewise, in the operative paragraphs of this judgment the Court: […] ∗ Judge Hernán Salgado Pesantes advised the Court that, owing to circumstances beyond his control, he would be unable to take part in the deliberation and signature of this Order.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents