Resolution No. 58 IACHR. Precautionary Measure No. 938/19 (Ecuador), 06-01-2019

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Ecuador
• Date: 06 January 2019
• Court: Inter-American Comission of Human Rights
• Resolution Number: 58

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 58/2019

Precautionary Measure No. 938-19

Paola Pabón and others regarding Ecuador

December 6, 2019

1. INTRODUCTION

1. On October 10, 2019, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission,” “the Commission,” or “the IACHR”) received a request for precautionary measures by Mr. F.J. and Ms. N.S. (the applicants) on behalf of Ms. Paola Verenice Pabón Caranqui, Prefect of the Province of Pichincha; Mr. V.H., Executive Secretary of the Social Engagement Movement of the “Revolución Ciudadana” political party, and other persons identified as part of the opposition to the Government. On october 24, the request was extended to include Mr. Christian Fabián González Narváez (“the potential beneficiaries” or “proposed beneficiaries”). The request urged the IACHR to request that the S. of Ecuador (“the S.” or “Ecuador”) adopt the necessary measures to protect the rights of the proposed beneficiaries, who are currently deprived of their liberty and allegedly exposed to threats and acts of harassment.

2. The Commission requested information from the S., pursuant to Article 25 of the Rules of Procedure, on October 18 and November 21, 2019, which replied on October 25 and December 2. For their part, the applicants provided additional information on a recurring basis, the most recent having been on November 27, 2019.

3. A. analyzing the factual and legal allegations submitted by both parties, the Commission considers that the information proves prima facie that the persons proposed as beneficiaries are in a situation of serious and urgent risk since their rights to life and personal integrity are at grave risk. C., pursuant to Article 25 of its Rules of Procedure, the Commission requests that the S. of Ecuador: a) adopt the measures necessary to protect the rights to life and personal integrity of Paola Verenice Pabón Caranqui, V.H. and Christian Fabián González Narváez; specifically, by assessing and implementing the measures that are most adequate to each of the proposed beneficiaries’ personal circumstances, and allowing for the appropriate conditions to safeguard and respect their rights; b) agree upon the measures to be taken with the beneficiaries and their representatives; and c) report on the actions taken to investigate the alleged events that led to the adoption of this resolution in order to prevent their repetition.

2. SUMMARY OF FACTS AND ARGUMENTS

1. Information provided by the applicants

4. The potential beneficiaries are G.A.R.B., M.P.A.V., D.S.C., C.P.M.L., Verónica Margarita Guevara Villacrés, Juan Cristóbal Lloret Valdivieso, members of the National Assembly of Ecuador and of the Citizen Revolution Movement (“Revolución Ciudadana”) political party; P.V.P.C., Prefect of the Pichincha Province, and V.H.H., Executive Secretary of the Citizen Revolution’s Movement for Social Commitment. The request was later extended to include C.F.G.N..

5. To provide context, the applicant claimed that the potential beneficiaries are at risk due to “the intention to stigmatize and persecute leaders of the Citizen Revolution Movement” during the social protests that recently took place in Ecuador. In addition, they stated that the measures that the Government has recently adopted, particularly the declaration of a “S. of Emergency”, lacked legitimacy and that both the alleged refusal of the Government to engage in a dialogue as well as the suspension of parliamentary activities constitute a “coup to democratic order”. The applicant stressed that the protests were initiated by “different sectors”, without a specific link to the Citizen Revolution Movement political party.

6. Regarding specific events, the applicant stated that the protests were “atrociously repressed by the police” and that arbitrary detentions, aggressions and even deaths were reported. In addition to these allegations, the applicants mainly focused on the alleged arbitrary detentions that took place, such as that of Y.P., member of the Assembly for the Citizen Revolution Movement political party, and P.P., who was allegedly arbitrarily detained on October 14. In this regard, they reported that she was detained “for no reason whatsoever”, except for “the persecution of Rafael Correa supporters (or correístas)” that has been allegedly promoted by the government. In addition, they mentioned the case of G.R., who sought shelter at the Embassy of Mexico “to protect her life after the violent police persecution to which she was subject, constant threats against her life and that of her family, harassment, and other public complaints” (no details were provided). They also made reference to other members of the Assembly who were notified of their detention (S.B., L.F.M., C.V., as well as citizens E.J. and Tania Pauker Cueva).

7. On October 24, the applicant provided additional information and requested that the inclusion of Christian Fabián González Narváez as a potential beneficiary of the precautionary measure, since he had been “arbitrarily and illegally” detained. According to the information, the potential beneficiary is in poor conditions and has allegedly received threats against his life in repeated occasions. The applicant added that senior government officials made discrediting statements against several of the persons proposed as beneficiaries, blaming the “correísta opposition” for the protests. The applicants provided examples of such statements. According to the information provided, this context threatens the life and personal integrity of the potential beneficiaries.

8. On November 6, 2019, the applicant provided additional information in which he claimed that the potential beneficiary V.H. had been detained with charges of “rebellion” as part of a process that the applicants believe is a political persecution against correístas.

9. On November 19, the applicants presented information alleging that the security conditions of the proposed beneficiaries P.P., V.H. and C.G. are inadequate “in addition to the ongoing and continuous harassment due to their political status and the threats received against their lives on numerous occasions.” According to the request, regarding M.P., “the danger against her life lies in the continuous searches of their cells and the discovery of weapons in the Prefect’s cell,” further stating that “they found 5 knives assembled by the detainees in the next cell.” F., the news spread that the weapons were to “end the correísta scum”.

10. The request also indicated that the proposed beneficiary Virgilio H. suffers from hypertension and that his health condition is worsening given that he is exposed to a “stressful situations with strong emotions.” “V.H. has suffered constant threats against his life and integrity, which are aggravated by the fact that he is detained in a facility that does not guarantee his security,” it further stated. As an example, among the documents submitted, the applicants provided a copy of an email sent to various members of the opposition by which people are called to “eliminate the correísta scum.”

11. With respect to Mr. C.G., the applicants alleged that he was threatened with death by other detainees and that “on different occasions he was threatened with knives and sharp objects inside the facilities.” Among the alleged events of harassment, the potential beneficiary said that on November 19, at least 20 police officers carrying heavy weaponry carried out searches of half of the cells, including his. During the search, he was kept outside, sitting on the floor for two hours. The next day, they reportedly carried out another search. M., the potential beneficiary was diagnosed with a pituitary tumor, which causes him strong headaches and requires medical assistance. The applicants also alleged that “Mr. C.G.’s doctor told him that he had been contacted by the S.A. General, specifically by the Human Rights authorities, who requested that he erase M.G.’s health condition, that is, his brain tumor, from the medical records.”

12. With regard to P.P., the applicants further elaborated on the allegations above and added that from November 18 to 25, 3 searches were carried out in his cell. The police officers in charge of the search reportedly stated that they were given “orders from the top” to find something illicit in her cell.” In addition, the applicants stressed that, in accordance with domestic legislation, there is a possibility that the proposed beneficiary will lose her position as Prefect of Pichincha, which was granted by popular vote, as a result of her prolonged absence due to her deprivation of freedom.

2. Response by the S.

13. As an introduction and general comment, the S. claimed that the actions carried out during the protests to preserve law and order were in accordance with the law and human rights standards. Regarding the specific allegations of risk to the life and integrity of the persons proposed as beneficiaries, the S. claimed that the documents provided by the applicant do not specify the “actions or failure to act” of the S. that allegedly put their rights at risk.

14. Regarding the situation of G.R., P.P. and V.H., the S. claimed that on October 7, 2019 an investigation was opened in response to the alleged offense of “rebellion”, which was later expanded to include the offense of “incitement”. The S. also claimed that on October...