Edison Patricio Quishpe Alcívar v. Ecuador, Case 11.421, Report No. 93/00, OEA/Ser.L/V/II.111 Doc. 20 rev. at 503 (2000).
EDISON PATRICIO QUISHPE ALCÍVAR
October 5, 2000
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.
Quishpes 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 follows:
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
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 damages caused.
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
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 document.
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 National Budget.
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 countrys 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 capital
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 settlement agreement.
keeping with its consistent practice and obligations under the American Convention,
the Inter-American Commission on Human Rights will oversee compliance with
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 Convention.
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
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 friendly
To make this report public and include it in its Annual Report to the
General Assembly of the OAS.
Done and signed at the headquarters of the Inter-American Commission on Human Rights, in the city of Washington, D.C., October 5, 2000. (signed) Hélio Bicudo, Chairman; Claudio Grossman, First Vice-Chairman; Juan Méndez, Second Vice-Chairman; Commissioners: Marta Altolaguirre, Robert K. Goldman, and Peter Laurie.
Dr. Julio Prado Vallejo, of Ecuadorian nationality, did not participate
in the discussion of this case, in keeping with Article 19 of the Commissions