On November 8, 1994, Martha Graciela Quishpe Morales, with the
legal assistance of the Comisión Ecuménica de Derechos Humanos
(hereinafter “the Petitioner,” or “CEDHU”) (Ecumenical Commission
for Human Rights of Ecuador), presented a petition to the Inter-American
Commission on Human Rights (hereinafter “the Commission,” the
“Inter-American Commission,” or the “IACHR”) against the Republic
of Ecuador (hereinafter “the State,” “the Ecuadorian State,” or
“Ecuador”) in which it denounced the violation of the following rights
protected by the American Convention on Human Rights (hereinafter “the
American Convention,” or the “Convention”):
the right to life (Article 4), the right to personal liberty
(Article 7), the right to a fair trial (Article 8), and the right to
judicial protection (Article 25), and at the same time the general
obligation of the Ecuadorian State to respect the rights contained in the
American Convention, and to guarantee their free and full exercise
(Article 1(1)), to the detriment of Mr. Edison Patricio Quishpe Alcívar.
The parties reached a friendly settlement in this case on June 11,
1999. This report contains a
brief presentation of the facts and the text of the agreement, in keeping
with Article 49 of the Convention.
On September 7, 1992, there was a confrontation with the police
that left one police agent dead and Edison Patricio Quishpe Alcívar
wounded. A half-hour after
this incident, 70 members of the police surrounded Mr. Quishpe Alcívar
and threw him from the second floor. His body was dragged and then placed
into a police car. Mr.
Quishpe’s aunt, Mrs. Martha Quishpe, said that her nephew was killed by
a police agent because he was blamed for the death of the police agent
killed in the confrontation. Edison
Quishpe, 24 years old, was arrested, suffered a minor injury to the leg,
was beaten about the hands by blows from a rifle butt, by the members of
the police, breaking several fingers, and they kicked him in the genitals.
He was taken to the police station in the city, with two more
persons, where they were also savagely beaten and subjected to cruel
treatment, which caused their death.
Mr. Quishpe died at the police station, and the medical
certificate, autopsy, and eyewitness testimony revealed that they threw a
liquid at him (a kind of acid) that burned his body, he was beaten causing
damage to his rectum, as the result of some object or liquid being
inserted in it.
PROCESSING BEFORE THE COMMISSION
On November 8, 1994, the Commission received a petition presented
by the petitioner against the Ecuadorian State, which was opened that same
day. Processing of the case
went forward as per the provisions of the regulations.
On March 5, 1999, the Commission placed itself at the disposal of
the parties to begin to pursue a friendly settlement. On April 5, 1999,
the petitioner accepted the offer. On
June 11, 1999, the friendly settlement agreement was signed in the city of
Quito, Ecuador, in the presence of Mr. Carlos Ayala Corao, a member of the
IACHR at that time, and rapporteur for Ecuador, who traveled to Quito to
facilitate the agreement.
THE FRIENDLY SETTLEMENT REACHED
The Friendly Settlement Agreement signed by the parties reads as
Ecuadorian State, through the Office of the Attorney General, with a view
to promoting and protecting human rights and given the great importance of
the full observance of human rights at this time for the international
image of our country, as the foundation of a just, dignified, democratic,
and representative society, has decided to take a new course in the
evolution of human rights in Ecuador.
Office of the Attorney General has initiated conversations with all
persons who have been victims of human rights violations, aimed at
reaching friendly settlement agreements to provide reparations for the
Ecuadorian State, in strict compliance with the obligations it acquired
upon signing the American Convention on Human Rights and other
international human rights law instruments, is aware that any violation of
an international obligation that has caused damages triggers the duty to
make adequate reparations --monetary reparations and criminal punishment
of the perpetrators being the most just and equitable form. Therefore the
Office of the Attorney General and Mrs. Martha Graciela Quishpe Morales,
on behalf and in representation of Mr. Segundo Víctor Quishpe Morales,
father and legal representative of Mr. Edison Patricio Quishpe Alcívar,
deceased, as appears from the attached power of attorney, have reached a
friendly settlement, pursuant to the provisions of Articles 48(1)(f) and
49 of the American Convention on Human Rights and Article 45 of the
Regulations of the Inter-American Commission on Human Rights.
II. THE PARTIES
following persons were present at the signing of this Friendly Settlement
Dr. Ramón Jiménez Carbo, Attorney General of the State, as
indicated in his appointment and certificate of office, which are attached
as qualifying documents;
Mrs. Martha Graciela Quishpe Morales, on behalf and in
representation of Mr. Segundo Víctor Quishpe Morales, father and legal
representative of Mr. Edison Patricio Quishpe Alcívar, deceased, as
appears in the power of attorney granted by Mr. Segundo Víctor Morales to
Martha Graciela Quishpe Morales before the 22nd Notary, of Dr. Fabián E.
Solano P.; a copy of that document is also attached as a qualifying
STATE RESPONSIBILITY AND ACCEPTANCE
Ecuadorian State acknowledges its international responsibility for having
violated the human rights of Mr. Edison Patricio Quishpe Alcívar
enshrined in Article 4 (right to life), Article 7 (personal liberty),
Article 8 (a fair trial), Article 25 (judicial protection), and the
general obligation set forth in Article 1(1) of the American Convention on
Human Rights and other international instruments, since the violations
were committed by State agents, which could not be disproved by the State,
giving rise to State responsibility.
the above, the Ecuadorian State accepts the facts in case No. 11.421
before the Inter-American Commission on Human Rights and undertakes the
necessary reparative steps to compensate the victims, or their successors,
for the damages caused by those violations.
view of the foregoing, the Ecuadorian State, through the Attorney General,
as the sole judicial representative of the Ecuadorian State, pursuant to
Article 215 of the Constitution of Ecuador, enacted in Official Register
No. 1 and in force since August 11, 1998, is awarding Mrs. Martha Graciela
Quishpe Morales, as provided for in the special power of attorney, as per
the provisions of Articles 1045 and 1052 of the Civil Code, a one-time
compensatory payment in the amount of thirty thousand US dollars (US$
30,000) or the equivalent in local currency, calculated at the exchange
rate in effect at the time the payment is made, to be paid from the
compensation covers the consequential damages, loss of income, and moral
damages suffered by Mr. Edison Patricio Quishpe Alcívar and his family
members, as well as any other claims of the family members of Mr. Edison
Patricio Quishpe Alcívar regarding the subject of this agreement, under
domestic and international law, and is chargeable to the National Budget.
To this end, the Office of the Attorney General will notify the Ministry
of Finance, for it to carry out this obligation within 90 days of the
signing of this document.
PUNISHMENT OF THE PERSONS RESPONSIBLE
Ecuadorian State pledges to bring civil and criminal proceedings against
and shall seek the punishment of those persons who are alleged to have
participated in the violation in the performance of State functions or
under the color of public authority.
Office of the Attorney General pledges to encourage the State Attorney
General, the competent judicial organs, and public agencies or private
institutions to contribute legal evidence to determine the liability of
those persons. If admissible, the prosecution will be subject to the
constitution and laws of the Ecuadorian State.
RIGHT TO SEEK INDEMNITY
Ecuadorian State reserves the right to seek indemnity, pursuant to Article
22 of the Constitution of the Republic of Ecuador, from those persons
found responsible for human rights violations through a final and firm
judgment handed down by the country’s courts or when administrative
liability is found, in keeping with Article 8 of the American Convention
on Human Rights.
TAX EXEMPTION AND DELAY IN COMPLIANCE
payment made by the Ecuadorian State to the other party to this agreement
is not subject to any current or future taxes, except for the 1% tax on
the event that the State is delinquent for over three months from the date
the agreement is signed, it must pay interest on the amount owed,
corresponding to the current bank rate of the three largest banks in
Ecuador for the duration of its delinquency.
Ecuadorian State, through the Office of the Attorney General, agrees to
report every three months to the Inter-American Commission on Human Rights
on compliance with the obligations assumed by the State in this friendly
keeping with its consistent practice and obligations under the American
Convention, the Inter-American Commission on Human Rights will oversee
compliance with this agreement.
compensatory damages that the Ecuadorian State is awarding to Mr. Segundo
Quishpe Morales are provided for in Articles 22 and 24 of the Constitution
of the Republic of Ecuador, for violation of the Constitution, other
national laws, and the norms in the American Convention on Human Rights
and other international human rights instruments.
friendly settlement is entered into based on respect for the human rights
enshrined in the American Convention on Human Rights and other
international human rights instruments and on the policy of the Government
of Ecuador to respect and protect human rights.
NOTIFICATION AND CONFIRMATION
Segundo Víctor Quishpe Morales, father and legal representative of Mr.
Edison Patricio Quishpe Morales, specifically authorizes the Attorney
General to notify the Inter-American Commission on Human Rights of this
Friendly Settlement Agreement, so that the Commission may confirm and
ratify it in its entirety.
parties to this agreement freely and voluntarily express their conformity
with and their acceptance of the content of the preceding clauses and
state for the record that they hereby end the dispute before the
Inter-American Commission on Human Rights on the international
responsibility of the State for violating the rights of Mr. Edison
Patricio Quishpe Alcívar.
DETERMINATION OF COMPATIBILITY AND COMPLIANCE
The Commission determined that the settlement agreement transcribed
above is compatible with the terms of Article 48(1)(f) of the American
In April 2000, the compensation agreed upon in the friendly
settlement agreement was paid, yet the interest, also provided for in the
agreement, has not been paid. To
this day, the Ecuadorian State has not carried out its commitment to bring
“civil and criminal proceedings against and shall seek the punishment of
those persons who are alleged to have participated in the violation in the
performance of State functions or under the color of public authority.”
The Commission reiterates its recognition of the Ecuadorian State
for its decision to resolve this case by adopting reparative measures,
including such measures as needed to bring civil, criminal, and
administrative proceedings against those persons who, in the performance
of government functions, participated in the alleged violations.
The IACHR will continue monitoring the performance of those
commitments assumed by Ecuador that are continuing in nature, regarding
bringing civil, criminal, and administrative proceedings against those
persons who, in the performance of government functions, participated in
the violations alleged.
The IACHR ratifies that the friendly settlement provision in the
American Convention makes it possible to conclude individual cases in a
non-contentious manner, and has proven to offer an important vehicle for
resolving alleged violations, in cases involving various countries, that
may be used by both parties (petitioners and the State).
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
To recognize that the State has made payment of US$ 30,000 in
compensation, and has failed to carry out its commitment to punish the
persons responsible for the violation alleged and to pay interest for the
delinquency in paying the compensation.
To urge the State to take the necessary measures to carry out the
commitment to pursue civil and criminal proceedings and to seek to impose
punishment on those persons who, in the performance of government
functions or under the color of public authority, are considered to have
participated in the alleged violation, and the payment of interest for the
delinquency in payment of the compensation.
To continue to monitor and supervise implementation of the friendly
settlement, and in that context to remind the State, through the Office of
the Attorney General, of its commitment to report to the IACHR every three months
as to performance of the obligations assumed by the State under this
To make this report public and include it in its Annual Report to
the General Assembly of the OAS.