Report No. 82 (2020) IACHR. Petition No. 11.626 (Ecuador)

• Case Number: 11.626,B
• Year: 2020
• Report Number: 82
• Respondent State: Ecuador
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Luis Enrique Cañola Valencia

REPORT No. 82/20

CASE 11.626 B

FRIENDLY SETTLEMENT

LUIS ENRIQUE CAÑOLA VALENCIA

ECUADOR

OEA/Ser.L/V/II.

D.. 92

1 J. 2020

Original: Spanish

Approved electronically by the Commission on J. 1, 2020.

Cite as: IACHR, R. No. 82/2020. Case 11.626 A. Friendly Settlement. L.E.C.V.. Ecuador. J. 1, 2020.

www.cidh.org

REPORT No. 82/20

CASE 11.626 B

FRIENDLY SETTLEMENT

LUIS ENRIQUE CAÑOLA VALENCIA

ECUADOR

JUNE 1, 2020

1. SUMMARY AND RELEVANT PROCEDURAL ASPECTS OF THE FRIENDLY SETTLEMENT PROCESS

1. On November 7, 1994, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “IACHR”) received a petition submitted by the Ecumenical Commission on Human Rights (hereinafter “the petitioners”, “the petitioner ”or CEDHU), alleging the international responsibility of the Ecuadorian S. for the violation of articles 4 (right to life), 7 (right to personal liberty), 8 (judicial guarantees) and 25 (judicial protection) of the American Convention, in relation to article 1.1 of the same instrument, in detriment of F.O.C.V., Luis Enrique Cañola Valencia and S.C.G..

2. The petitioner alleged that on April 12, 1993, the alleged victim was detained by the police for being allegedly involved in the death of a police officer. After the arrest, he was reportedly transferred to Viche and later transferred to Esmeraldas, where two hours latter his dead body was found in the city's cemetery, with signs of torture and bullet wounds.

3. On J. 11, 1999, during the IACHR's visit to Ecuador, the parties signed a friendly settlement agreement. On January 23, 2020, the petitioner sent to the Commission a note in which it requested the approval of the friendly settlement agreement and requested the cessation of monitoring and archiving of the case.

4. On April 9, 2020, the Commission decided to disaggregate the petition by virtue of the signing of three friendly settlement agreements in relation to each of the victims.

5. P. to Article 49 of the Convention and Article 40.5 of the Commission’s Rules of Procedure, the instant friendly settlement report provides an outline of the facts alleged by the petitioners and, thereafter, a verbatim transcription of the friendly settlement agreement, entered into on J. 11, 1999, between the petitioners and the representatives of the E.S.. It concludes with the approval of the agreement executed between the parties and it is agreed to publish this report in the IACHR’s Annual R. to the General Assembly of the Organization of the American S.s.

2. ALLEGED FACTS

6. The petitioner alleged that on April 12, 1993, Luis Enrique Cañola Valencia was detained by police officers in the C. sector of the C.P. in the Quinindé canton of the Esmeraldas Province, in the company of S.C.G., approximately at 9:00 am. L., the petitioner indicated that, after the arrests, the alleged victims had been transferred to Viche, where they had been placed under the command of a L. of the Ecuadorian Police. A., the petitioner informed that the alleged victims had been transferred by police officers to Esmeraldas, where two hours later the dead bodies were found in the city cemetery, along with the body of Fredy Oreste Cañola Valencia, with signs of torture and bullet impacts. According to the petitioner, the alleged victims have been detained as retaliation, for being allegedly involved in the death of a police officer.

7. A., the petitioner reported that in May 1994 he presented a private accusation, that a criminal trial was subsequently held before the Fourth Criminal C. of Quinindé, and that the judge had “abandoned the criminal case”. L., he stated that he reported the abandonment of the criminal case before the Esmeraldas Human Rights Committee and that, at the time of the petition, the case was pending before the Superior C. of Esmeraldas.

3. FRIENDLY SETTLEMENT

8. On J. 11, 1999, the parties signed a friendly settlement agreement, which establishes the following:

FRIENDLY SETTLEMENT AGREEMENT

1. BACKGROUND

The Ecuadorian S., through the S.A. General's Office, in its effort to promote and protect human rights and in view of the great impotence that currently has for the international image of our country, unrestricted respect for rights human, as the basis of a just, dignified, democratic and representative society, has resolved to start a new process within the evolution of human rights in Ecuador.

The S. Attorney General's Office has begun conversations with all those who have been victims of human rights violations, aimed at reaching friendly solutions that seek reparation for the damage caused.

The Ecuadorian S., in strict compliance with its obligations acquired with the signing of the American Convention on Human Rights, and other instruments of international human rights law, and consents that any violation of an intentional obligation that has produced damage against the duty to repair it adequately, constituting the pecuniary compensation and the criminal sanction of those responsible the fairest and most equitable way to do it. In this virtue the S.A. General together with Mr. Jorge Iván Bolaño Pazmiño, on behalf of and representing G.R., B.S.a.L.C.V., brothers of L.E.C.V., deceased. As is clear from the attached power, they have resolved to reach a friendly settlement of in accordance with the provisions of articles 48.1 lit (f), 49, of the American Convention on Human Rights and 45 of the Regulations of the Inter-American Commission on Human Rights.

2. COMPARISONS

Appearing at the conclusion of this friendly agreement:

1. On the one hand, Dr. R.J.C., S.A. General, according to the appointment and possession certificate, which are attached hereto as enabling documents.

2. On the other hand, Mr. J.I.B.P. appears, on behalf of and representing G.R., Bacilio Segundo and Leobigildo Cañola Valencia, brothers of Luis Enrique Cañola Valencia, deceased. According to the special power granted by G.R., Bacilio Segundo and Leobigildo Cañola Valencia, brothers of Luis Enrique Cañola Valencia, deceased, in favor of Jorge Iván Bolaño Pazmiño, before the Fifth N. of the Cuenca canton, of Dr. F.C.V., which is attached hereto as an enabling document.

3. STATE RESPONSIBILITY AND SEIZURE

The Ecuadorian S. recognizes its international responsibility for having transgressed the human rights of Mr. Luis Enrique Cañola Valencia, recognized in Articles 4 (Right to Life), Article 7 (Right to Personal Liberty), Article 8 (Judicial Guarantees), Article 25 (Judicial Protection) and in turn the general obligation contained in Art. 1.1. of the American Convention on Human Rights and other international instruments, such violations being committed by agents of the S., facts that could not be distorted by the S. and have generated its responsibility towards society.

With this background, the Ecuadorian S. acquiesces to the facts constituting Case No. 11.626, which is pending before the Inter-American Commission on Human Rights and is obliged to take the necessary remedial measures in order to compensate the damages caused to the victim of such violations or failing their successors in title.

4. COMPENSATION

With this background, the E.S., through the S.A. General, the latter as the only judicial representative of the E.S. in accordance with Art. 215 of the Political Constitution of the Republic of Ecuador, promulgated in Official Registry No. 1, effective as of August 11, 1998 delivers to Mr. Jorge Iván Bolaño Pazmiño. In accordance with the provisions of the special power, pursuant to the provisions of articles l045 and 1052 of the Civil Code, a one-time compensatory compensation of fifteen thousand dollars of United S.s of America (US $ 15,000) or its equivalent in national currency, calculated at the exchange rate in effect at the time of payment, charged to the General S.B..

This compensation involves the emergent damage, the lost profit and the moral damage incurred, suffered by Mr. Luis Enrique Cañola Valencia, and his relatives, as well as any other claim that the relatives of Mr. L.E.C.V. may have, for the aforementioned concept. In this agreement, observing the internal and international legal regulations, charged to the General S. Budget. For which purpose the S.A. General will notify the Ministry of Finance and Public Credit, so that within 90 days, counted from the signing of this document, it complies with this obligation.

5. SANCTION OF THOSE RESPONSIBLE

The Ecuadorian S. commits to both civil and criminal prosecution and to the search for administrative sanctions against people who, in compliance with state functions or taking advantage of the public power, are presumed to have participated in the alleged violation.

The S. Attorney General's Office undertakes to excite both the S. Attorney General, competent bodies of the Judicial Function, and public or private bodies to provide legally supported information that allows establishing the responsibility of said people. If viable, this prosecution will be carried out subject to the constitutional and legal order of the Ecuadorian S..

6. RIGHT OF REPETITION

The Ecuadorian S. reserves the Right of Repetition in accordance with Art. 22 of the Political Constitution of the Republic of Ecuador, against those people who...