Report No. 45 (2006) IACHR. Case No. 12.207 (Ecuador)

• Case Number: 12.207
• Year: 2006
• Report Number: 45
• Respondent State: Ecuador
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Lizandro Ramiro Montero Masache

REPORT N° 45/06 PETITION 12.207 FRIENDLY SETTLEMENT LIZANDRO RAMIRO MONTERO MASACHE ECUADOR March 15, 2006 I. SUMMARY 1. This report covers the friendly solution between the parties involved in the dispute related to petition 12.207. On August 18, 1999, the Inter-American Commission on Human Rights (“the Commission” or “the IACHR”) received a petition lodged by the Ecumenical Committee on Human Rights (Comisión Ecuménica de Derechos Humanos, or CEDHU) on behalf of Lizandro Ramiro Montero Masache (“the petitioners”), accusing the Republic of Ecuador (“Ecuador” or “the State”) of violating the following human rights enshrined in the American Convention on Human Rights (“the American Convention”): the right to humane treatment (Article 5), the right to personal liberty (Article 7), the right to a fair trial (Article 8), the right to equal protection (Article 24) and the right to judicial protection (Article 25). The petitioners also allege violation of the general obligation to respect and protect rights as established in Article 1.1 of the American Convention. 2. On September 20, 2005, the parties signed a friendly settlement in the city of San Francisco de Quito. In accordance with Article 49 of the American Convention and Article 41.5 of the Rules of Procedure of the Inter-American Commission on Human Rights, this report summarizes the alleged violations, outlines the friendly settlement reached, and announces publication of this report. II. THE FACTS 3. On June 19, 1992, Mr. Lizandro Ramiro Montero Masache was arrested without an arrest warrant having been issued by any competent authority. He was then interned in the prison of what is now Quito Regiment No. 2, where he was held incommunicado until July 23 of the same year. When taking over the case, the President of the Supreme Court issued three indictments against Mr. Montero Masache, on the basis of the police report: acting as a front for illegal activities (November 18, 1992), for which he was ordered held in prison; illegal enrichment (November 30, 1992) and laundering of assets (November 30, 1992). In 1998 and 1999, respectively, all three cases against Mr. Montero Masache were dismissed. 4. The petitioners report that the alleged victim lodged several appeals requesting release during the time of his detention. These included appeals of amparo lodged with the President of the Supreme Court on May 8, 1995 and November 17, 1997, neither one of which was accepted or denied, and a writ of habeas corpus filed with the mayor of Quito on August 8, 1997, which was denied. This latter decision was confirmed on September 12, 1997 by the First Chamber of the Constitutional Court. The writ was re-filed with the mayor on April 8 1998, and was again denied on April 14, 1998. On this occasion, however the Constitutional Court reversed the mayor’s decision and ordered the immediate release of the detainee on June 4, 1998, on the basis of Law 04, since Mr. Montero Masache had by then served more than one-third of the maximum penalty established by the Law on Drugs. III. PROCEEDINGS BEFORE THE COMMISSION 5. The Commission received the petition submitted by the CEDHU on August 9, 1998. After an initial examination of the proceeding to be followed, it was passed on to the State on September 17, 1999. 6. On October 27, 1999, the Inter-American Commission sent a letter to both parties putting itself at their disposal with a view to reaching a friendly settlement. On January 10, 2000, the Commission received the State’s response. In a letter received on January 12, 2000, the petitioners declared their willingness to seek a friendly settlement, and that information was relayed to the State. On April 4, 2004, the Commission was informed by the State that the two parties had initiated talks with the purpose of reaching a friendly settlement. 7. On May 16 and June 3, 2002, the petitioners announced their decision to withdraw from talks on a friendly settlement as it had not been possible to reach an agreement, especially in regard to the amount of compensation. They requested that proceedings in the case be resumed in accordance with Article 50 of the Convention. This request was repeated by the petitioners in their letter of September 23, 2003. 8. On October 20, 2005, the IACHR received a certified copy of the registration of a friendly settlement agreement and other documents authorized by the Office of the Attorney General and Mrs. Ana Mireya Albarracin legal representative of Mr. Lizandro Ramiro Montero Masache. A transcription of the agreement forms the next section of this report. IV. FRIENDLY SETTLEMENT 9. The agreement entered into by the parties on September 20, 2005 reads as follows: I: BACKGROUND In order to promote and protect human rights and in recognition of the great impact full respect for human rights has on the international image of our country, since such respect is the very foundation of a fair, democratic and representative society, the State of Ecuador, through the Office of the Attorney General, has committed itself to new initiatives in the development of human rights in Ecuador. The Office of the Attorney General has entered into talks with all victims of human rights violations with a view to reaching friendly settlements that provide reparation of the wrong done. In strict compliance with the obligations undertaken with ratification of the American Convention on Human Rights and of other international human rights instruments, and conscious that any violation of an international obligation resulting in damages or injury carries with it the duty to make adequate reparation, and that monetary compensation and criminal sanction of the perpetrators are the most just and equitable forms of reparation, Ecuador, through the Office of the Attorney General, and Mr. Lizandro Ramiro Montero Masache, on his own behalf, have agreed to a friendly settlement in accordance with Articles 48(1)(f) and 49 of the American Convention and Article 45 of the IACHR Rules of Procedure. II: PERSONS PRESENT The following persons were present at the signing of the friendly settlement: a) Dr. José María Borja Gallegos, Attorney General of Ecuador, as indicated in his appointment and certificate of office, which are attached as qualifying documents. b) Mrs. Ana Mireya Montero Albarracin, holder of citizenship document number 17639664-1, in representation of Mr. Lizandro Ramiro Montero Masache, in accordance with the special power of attorney dated September 8, 2005, a copy of which is attached as a qualifying document. III: RESPONSIBILITY OF THE STATE Ecuador accepts responsibility for violating the human rights of Mr. Lizandro Ramiro Montero Masache, rights emanating from the general obligations of Article 1(1) of the American Convention and other international instruments, and that are specifically enshrined in Articles 7 (Right to Personal Liberty), 8 (Right to a Fair Trial), and 25 (Right to Judicial Protection) of the Convention. These violations were committed by agents of the State and have not been refuted by the State, which thus must bear responsibility for them before society. The Ecuadorian State thus agrees to accept the facts outlined in Petition 12.207, currently being examined by the IACHR, and to take any reparatory measures necessary to assuring compensation of the damages suffered by the victim. IV: COMPENSATION The Ecuadorian State, through its Attorney General, the sole legal representative of the State according to Article 215 of the Constitution of the Republic of Ecuador, promulgated in Official Register No. 1 and in force since August 11, 1998, will compensate Mr. Mr. Lizandro Ramiro Montero Masache with a lump sum payment of sixty thousand US dollars (US $60,000), to be...