2
1.
Resolves that the acquiescence of the State of Ecuador in the claims made by
the Inter-American Commission on Human Rights is proper and, consequently, the facts
that motivated the instant case are no longer in dispute;
2.
Takes note of the Ecuadorian State’s acknowledgment of its international
responsibility and declares, in keeping with the terms of that acknowledgement, that in
the case of Ms. Consuelo Benavides Cevallos, the State violated the rights protected by
Articles 3, 4, 5, 7, 8 and 25 of the American Convention on Human Rights, in relation to
Article 1(1) thereof;
3.
In the matter of reparations, approves the agreement between the State of
Ecuador and the victim’s next of kin regarding the nature and amount of said
reparations;
4.
Requires the State of Ecuador to continue to investigate and punish those
responsible for the human rights violations to which this judgment refers;
5.
Reserves the right to monitor compliance with the obligations established in this
judgment.
2.
The request of the Secretariat of the Court (hereinafter “the Secretariat”) of
February 19, 1999, in which, on the instructions of the President of the Court
(hereinafter “the President”), it called upon the State of Ecuador (hereinafter “the
State” or “Ecuador”) to submit a report on compliance with the judgment delivered
by the Court on June 19, 1998, which “should contain a detailed account of the
measures taken to comply with the terms of the agreement approved by the Court
[...] and with the obligation to ‘continue the investigations in order to punish those
responsible for the human rights violations referred to in [the] judgment’ […].”
3.
The brief of the State of April 16, 1999, in which it advised that the “Ministry
of Finance and Public Credit ha[d] paid the amount [...] of the compensation granted
to the next of kin of Professor Consuelo Benavides Cevallos, as ordered by the
Court.” It also stated that the “Supreme Court of Justice, in a reasoned decision of
August 7, 1998, had declared the criminal proceeding against the accused, Fausto
Morales Villota, statute-barred, because the crime of which he was accused is
punishable by imprisonment and therefore becomes statute-barred ten years after
the issue of the court order to investigate the alleged crime,” among other reasons.
4.
The communication of the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) of June 22,
1999, submitting its comments on the State’s report on compliance with the
judgment in this case. It indicated that Ecuador had complied with payment of the
compensation stipulated in the Court’s judgment. With regard to the investigations
in order to punish those responsible for the human rights violations, “[t]he State
ha[d] not provided any information about measures taken to continue the
investigations aimed at punishing those responsible.” In addition, the Commission
stated that, concerning the commitment made by the State, which “through the
Office of the State Attorney w[ould] instruct the Ministry of Education and Culture
and the municipalities in the country, in exercise of their legal authorities, to
commemorate the name of Ms. Consuelo Benavides Cevallos in streets, squares or
schools,” there is no information about the steps taken by the competent authorities
in this respect.
5.
The note of the Secretariat of November 30, 1999, in which, on the
instructions of the Court in plenary, it requested the State “to provide detailed
information on the measures taken to continue the investigations in order to find and
file proceedings with regard to Jorge Gracián Villota and on the status of the results
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