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Suárez-Rosero v. Ecuador
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Treaties — American Convention on Human Rights, 1969 — Right to personal liberty — Right to a fair trial — Right to humane treatment — Right to judicial protection — Whether Ecuador violating Articles 7, 8, 5 and 25 of Convention — Whether Ecuador acting in violation of its domestic laws — Whether urgent measures necessary to protect physical and moral integrity of victim and his family
Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969 — Ecuador State Party to Convention — Article 1 of Convention obliging Ecuador to respect rights in Convention — Whether Ecuador breaching Article 2 of Convention in failing to give domestic legal effect to Convention rights — Ecuadorean municipal laws — Ecuadorean Political Constitution — Ecuadorean Criminal Code — Ecuadorean Law on Narcotic Drugs and Psychotropic Substances — Article 114 bis of Criminal Code disapplying its provisions to persons charged under Law on Narcotic Drugs and Psychotropic Substances — Whether violating Article 2 of Convention
Relationship of international law and municipal law — Reparations — Applicable law — American Convention on Human Rights, 1969, Article 63(1) — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Whether new Ecuadorean law constituting appropriate measure to fulfil judgment on the Merits
International tribunals — Role of Inter-American Court of Human Rights — Ecuador requesting dismissal of petition — Seriousness of crime of drug-trafficking — Whether impairing peace and security of State and health of its population — Admissibility of request — Inter-American Court of Human Rights not usurping role of domestic courts — Ecuador's criminal tribunals to decide on individual's responsibility for crimes — Innocence or guilt of victim unrelated to merits of present case — Whether Ecuador having international responsibility for violations of Convention — American Convention on Human Rights, 1969
State responsibility — Imputability — Human rights violation — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations
Damages — For human rights violations — Whether Ecuador having duty to make proper reparation — Entitlement to fair compensation — Compensatory damages — Pecuniary damages — Moral damages — Whether apology from Ecuador necessary — Ecuador having duty to repair consequences of violations — Costs and expenses — Mode of compliance — American Convention on Human Rights, 1969, Article 63(1)
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