2
Ecuador ratified the American Convention on December 28, 1977, and accepted the contentious
jurisdiction of the Court on July 24, 1984.
The Commission has designated Commissioner José de Jesús Orozco Henríquez and Emilio Álvarez
Icaza L., Executive Secretary, as its delegate. Likewise, Elizabeth Abi-Mershed, Deputy Executive Secretary,
Silvia Serrano Guzmán, attorney of the Executive Secretariat of the IACHR, have been designated to serve
as legal advisors.
In accordance with Article 35 of the Rules of Procedure of the Inter-American Court, the
Commission is enclosing a copy of Merits Report No. 33/13, prepared in compliance with Article 50 of the
American Convention, as well as a copy of the entire file before the Inter-American Commission (Appendix
I.) and the attachments used to prepare the Report on the Merits (Attachment). The Commission adopted
its Report on the Merits No. 33/13 on August 23, 2013 and transmitted to the State on August 23, 2013,
granting it two months to provide information on the measures adopted in compliance with the
recommendations. The State did not respond to the requirement of the Commission.
The Commission submits this case to the jurisdiction of the Court because of the need to obtain
justice for the victims of this case and in view of the failure of the State to fulfill the Commission’s
recommendations.
According to the above mention, the Commission request to the Court to conclude the
international responsibility of the State of Ecuador for:
a) Violation of the right to life and the child’s right to special protection, established in articles 5
and 19 of the American Convention, read in conjunction with Article 1(1) thereof, to the detriment
of José Luis García Ibarra.
b) Violation of the rights to humane treatment, judicial guarantees and judicial protection,
recognized in articles 5, 8 and 25 of the American Convention, read in conjunction with Article 1(1)
thereof, to the detriment of Pura Vicenta Ibarra Ponce (mother), Alfonso Alfredo García Macias
(father), and the victim’s siblings Luis Alfonso, Santo Gonzalo, Ana Lucía, Lorena Monserrate,
Alfredo Vicente and Juan Carlos García Ibarra.
In consequence the IACHR recommended the State of Ecuador to:
1.
Conduct a thorough and effective investigation of the human rights violations established in
this report.
2.
Make adequate material and moral reparations for the human rights violations established
herein.
3.
Order measures of non-repetition that include the following: i) training programs for the
National Police in international human rights standards in general, and with respect to
children and adolescents in particular; ii) measures to ensure effective accountability in the
criminal, disciplinary or administrative jurisdictions, in cases of alleged abuse of power by
state law-enforcement agents; and iii) legislative, administrative or other measures to
investigate, with the necessary due diligence and in keeping with relevant international
standards, the necessity and proportionality of the lethal use of force by police officers, so
that there are effective protocols in place by which to implement proper mechanisms to
monitor the conduct of police officers and hold them accountable for their actions.