REPORT N 108/01* CASE
11.574 WILBERTO
SAMUEL MANZANO ECUADOR October
11, 2001
I.
SUMMARY
1.
On November 10, 1994, the Comisión Ecuménica de Derechos
Humanos (“CEDHU”) (hereinafter “the petitioner”) presented a
petition to the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the IACHR”) against the Republic of Ecuador
(hereinafter “the State”) in which it alleged a violation of the
following rights protected by the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”): the
right to life (Article 4), right to a fair trial (Article 8), and the
right to judicial protection (Article 25), in violation of the obligations
that appear in Article 1(1), to the detriment of Mr. Wilberto Samuel
Manzano.
2.
The parties arrived at a friendly settlement agreement in this case
on August 15, 2001. This
report contains a brief presentation of the facts and the text of the
agreement, in keeping with Article 49 of the Convention.
II.
THE FACTS
3.
On May 11, 1991, in the Recinto Almorzadero of the Rosa Zárate
Parish of the Quinidé District, province of Esmeraldas, Wilberto Samuel
Manzano was wounded by gunshot when he was at a volleyball court,
participating in a community meeting.
It is presumed that those who fired the shots were police in
civilian dress, and they arrested him without a showing of a judicial
warrant. He was taken to the
police station of La Unión and then driven to the Quinidé Hospital,
where he died. According to
the complaint, the autopsy determined that the death was caused by a
cardiac arrest brought on by the wound in the gluteus. 4. His family members and those who saw the corpse verified that there were hematomas on the head and chest, thus it is presumed that Wilberto Samuel Manzano was tortured even after he was wounded. In addition, the police report described Wilberto Samuel Manzano as a dangerous criminal, and it noted that the police had an arrest warrant for him on suspicion of robbery, as a basis for the arrest. It is presumed that the persons responsible for the death of Wilberto Samuel Manzano were Santiago Moreira Atahualpa, Wilson Kléyer Albán Rodríguez, and José Muñoz Quintanilla, all rural police. Proceedings concerning these facts were initiated before the Second Judge of the First District Court of the National Police.
5.
On May 22, 1995, the Second Judge of the First District Court of
the National Police dismissed the charges, with prejudice, against the
persons accused in the death of Wilberto Samuel Manzano.
The dismissal was appealed by the private accuser on May 23;
nonetheless, the District Court of the Police, on September 29, 1995,
ratified the dismissal, putting an end to the legal actions for securing
punishment for the homicide of Wilberto Samuel Manzano.
According to considerations of the petitioner and the prosecutor,
the results of the Police Judge and of the District Court were biased in
favor of the police accused. It
is alleged that the testimony of important witnesses was not taken into
account in the proceeding, and that, to the contrary, the judges tried to
justify the police actions in their rulings.
6.
The petitioner states that in the criminal proceedings it was not
shown that there had been any premeditated intent, on the part of the
accused, to kill Wilberto Manzano. Nonetheless,
he died, and it is conceivable that the authority of the police, set forth
in the criminal legislation, to make use of a firearm, as a means of
preventing the accused from fleeing, extends to the manner in which it was
used in this case. It is
indicated that the judges, in their ruling, did not consider applying
Articles 235 and 236 of the Police Criminal Code, which punishes
unintentional homicide.
III.
PROCESSING BEFORE THE COMMISSION
7.
On November 10, 1994, the Commission received the complaint in this
case. On June 13, 1995, the
respective notes were sent to the State and the petitioner.
On August 21, 1995, the Government of Ecuador presented its answer
to the complaint. On April
29, 1998, the Commission put itself at the disposal of the parties to
reach a friendly settlement, which was signed on August 15, 2001, in the
presence of Commissioner Marta Altolaguirre, a member of the IACHR and
Rapporteur for Ecuador, who had traveled to Quito to facilitate the
agreement. The parties asked
the Commission to ratify this agreement in all its terms and to supervise
its implementation.
IV.
FRIENDLY SETTLEMENT AGREEMENT
8.
The friendly settlement agreement signed by the parties reads as
follows: I.
BACKGROUND The
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. The
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. 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 Sister Elsie Hope Monge Yoder, in
representation of Mrs. María Eloisa Aguiar de Manzano, mother, and Mrs.
Teresa Olivia Izurieta Villegas, widow of Mr. Wilberto Samuel Manzano
Aguiar, 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 41 of the Rules of Procedure of the Inter-American Commission on
Human Rights. II.
THE PARTIES The
following persons were present at the signing of this friendly settlement
agreement: a.
For the first party, Dr. Ramón Jiménez Carbo, Attorney General of
the State, as indicated in his appointment and certificate of office,
which are attached as qualifying documents; b.
For the second party Sister Elsie Hope Monge Yoder, with citizen
identification number 090509576-6, in representation of Mrs. María Eloisa
Aguiar de Manzano, mother, and Mrs. Teresa Olivia Izurieta Villegas, widow
of Mr. Wilberto Samuel Manzano Aguiar, by special power-of-attorney
executed before the Fourth Notary Public of Esmeraldas District, which are
attached hereto as qualifying documents.
III.
STATE RESPONSIBILITY AND ACCEPTANCE The
Ecuadorian State acknowledges its international responsibility for having
violated the human rights of Mr. Wilberto Samuel Manzano Aguiar,
recognized in Article 4 (right to life), Article 8 (right to a fair
trial), and Article 25 (right to judicial protection), in relation to the
general obligation contained in Article 1(1) of the American Convention on
Human Rights and other international instruments, considering that the
violations were committed by State agents, which could not be disproved by
the State, giving rise to State responsibility. Given
the above, the Ecuadorian State accepts the facts in case Nº 11.574
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. IV.
COMPENSATION In
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 Sister Elsie Hope
Monge Yoder, with citizen identification number 090509576-6, in
representation of Mrs. María Eloisa Aguiar de Manzano, mother, and Mrs.
Teresa Olivia Izurieta, widow of Mr. Wilberto Samuel Manzano Aguiar, by
special power-of-attorney executed before the Fourth Notary Public of
Esmeraldas District, a one-time compensatory payment in the amount of
thirty thousand US dollars (US$ 30,000), to be paid from the National
Budget. This
compensation covers the consequential damages, loss of income, and moral
damages suffered by Mr. Wilberto Samuel Manzano Aguiar, as well as any
other claims that Mrs. María Eloisa Aguiar de Manzano, mother, and Mrs.
Teresa Olivia Izurieta Villegas, widow of Mr. Wilberto Samuel Manzano
Aguiar, or their family members, may have 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 Economy and Finance, for it to carry out this
obligation. V.
PUNISHMENT OF THE PERSONS RESPONSIBLE The
Ecuadorian State pledges to bring civil and criminal proceedings and
pursue administrative sanctions against 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
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. VI.
RIGHT TO SEEK INDEMNITY
The
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. VII.
TAX EXEMPTION AND DELAY IN COMPLIANCE The
payment made by the Ecuadorian State to the other party to this agreement
is not subject to any current or future taxes. VIII.
REPORTING The
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. In
keeping with its consistent practice and obligations under the American
Convention, the Inter-American Commission on Human Rights will oversee
compliance with this agreement. IX.
LEGAL BASIS The
compensatory damages that the Ecuadorian State is awarding to Mr. Wilberto
Samuel Manzano Aguiar, 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 standards in the American
Convention on Human Rights and other international human rights
instruments. This
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. X.
NOTIFICATION AND CONFIRMATION
Sister
Elsie Hope Monge Yoder 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. XI.
ACCEPTANCE The
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. Wilberto
Samuel Manzano Aguiar.
V.
DETERMINATION OF COMPATIBILITY AND COMPLIANCE
9.
The Commission determined that the foregoing friendly settlement
agreement is compatible with the provisions of Article 48(1)(f) of the
American Convention.
VI.
CONCLUSIONS
10. The
Commission values the signing of a friendly settlement agreement in the
terms of the American Convention, on which the State and petitioner
reached agreement.
11. The
IACHR will continue to monitor compliance with the commitment assumed by
Ecuador regarding the proceedings to be brought against the persons
implicated in the events alleged.
12. The
IACHR ratifies that the option of friendly settlement provided for in the
American Convention makes it possible to terminate individual cases in a
non-contentious manner, and has proven, in cases regarding several
countries, to be an important procedure for resolving alleged violations
that can be used by both parties (petitioner and State). THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, DECIDES:
1.
To certify compliance by the State with the payment of US$ 30,000
to the petitioner in this case as compensation.
2.
To remind the State that it must fully implement the friendly
settlement agreement, bringing judicial proceedings against the persons
implicated in the violations alleged.
3.
To continue to monitor and supervise compliance with each and every
one of the points of the friendly settlement agreement, and, in this
context, to remind the State, through the Office of the Attorney General,
of its commitment to report to the IACHR every three months on compliance
with the obligations assumed by the State under this friendly settlement.
4.
To make this report public and include it in its Annual Report to
the OAS General Assembly.
Done and signed at the headquarters of the Inter-American
Commission on Human Rights, in the city of Washington, D.C., October 11,
2001. (Signed): Claudio Grossman, President; Juan E. Méndez, First Vice-President; Marta Altolaguirre, Second Vice-President; Commissioners Hélio
Bicudo, Robert K. Goldman, and Peter Laurie.
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