Erick Roberts Garcés Candidacy for the Inter-American Commission on Human Rights

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1 Erick Roberts Garcés Candidacy for the Inter-American Commission on Human Rights

2 RESUME Lawyer, graduated from Universidad Central del Ecuador located in Quito, Ecuador. Graduate Diploma in Human Rights from Pontificia Universidad Católica del Ecuador, Graduate Diploma in Human Rights and International Law from American University, Washington College of Law, Geneva, Switzerland. From 1999 to 2013, National Director of Human Rights of the Attorney General s Office and Principal State Agent in human rights cases presented to the Inter-American Commission and Inter-American Court of Human Rights. Doctor Erick Roberts, in performing his duties, has led in the Inter-American System of Human Rights, the arrangement and subscription of numerous friendly settlements in cooperation with the Inter-American Commission, in pursuit of prompt reparation for the victims of human rights violations and contributing with social reconciliation In his experience as an agent in the Inter-American System, he contributed with the administration of human rights justice in the Inter-American Court of Human Rights in emblematic cases, fostering in 2009, the second Inter-State Petition in the history of the Interamerican System, and the first to be declared admissible y the Interamerican Commission in the year During office, as a promoter of Human Rights, he has enrolled as university professor, fostering human rights training to police personnel, to judicial and law enforcement officials, officials of the Armed Forces and civil society in general. In 2011, he promoted the first period of extraordinary sessions of the Interamerican Court of Human Rights in the city of Quito, Ecuador. Due to the success of this period of sessions, in 2012 the Inter- American Court resolved to conduct another period of sessions in the city of Guayaquil, Ecuador, with the aim of bringing the different bodies of the Inter-American System closer to the Ecuadorian society. Doctor Erick Roberts has represented Ecuador as conciliator in the processes of friendly settlements, responsible litigation and State s principle agent before international organizations, in venues such as: Inter-American Commission and Inter-American Court of Human Rights ( ); United Nations Committee on Enforced Disappearances (2005); Permanent Commission on the Ecuadorian-NGO National Plan for Human Rights (1999); Deputy attorney general of State in the OAS-CICAD General Assembly meeting for Multilateral Evaluation Mechanisms (1999). EDUCATION Studies Universidad Central del Ecuador- UCE (Central University of Ecuador), School of Law. v Lawyer and Juris Doctor. v Degree in Public and Social Sciences. Pontificia Universidad Católica del Ecuador- PUCE (Pontifical Catholic University of Ecuador) v Graduate Diploma in Human Rights Other Studies American University, Washington College of Law-Geneva Switzerland v Diploma in Human Rights American University, Washington College of Law-Washington DC 4 Erick Roberts G.

3 v Program of Advanced Studies in Human Rights and Humanitarian Law Instituto Interamericano de Derechos Humanos-San José, Costa Rica (Inter-American Institute of Human Rights) v Interdisciplinary course. v Training course for state agents. PROFESSIONAL EXPERIENCE IN HUMAN RIGHTS Attorney General s Office of Ecuador v National Director of Human Rights ( ) Attorney General s Office of Ecuador v Deputy Director of Human Rights ( ) v Principal Agent of the Ecuadorian State before universal and regional institution for human rights protection: Inter-American Commission on Human Rights Inter-American Court of Human Rights Convenant of Civil and Political Rights v Negotiator and promoter for the Ecuadorian government in friendly settlements ( ) Inter-American Commission on Human Rights (IACHR): Thirty-three cases of human rights violations for which he contributed to a prompt compensations for victims. v Enforcement Coordinator of Ecuador for judgements, reports, friendly settlements and accomplishment settlements signed by the State of Ecuador ( ). Inter-American Commission on Human Rights Inter-American Court of Human Rights v Systematizing, monitored and implementing precautionary measures and provisional measures, from 1999 to v Initiation of a new searching and investigation process in the Yambo Lake of the Restrepo Arismendy Brothers, after twenty years of the events. This process meant a technical and legal milestone for the field of forensic anthropology and human rights, and includes international cooperation. v Delegate of the Attorney General of Ecuador to address issues on forced disappearance. Committee of Forced Disappearances (2005) v Delegate of the Attorney General of Ecuador in the OAS-CICAD General Assembly, Multilateral Mechanisms of Evaluation. Washington D.C. (1998). General Assembly OAS (CICAD) Erick Roberts G. 5

4 HUMAN RIGHTS PROMOTION As it is clearly stated in the American Convention on Human Rights, one of its main purposes is the promotion and diffusion of human rights, acknowledged in the American Declaration of Human Rights, the Universal Declaration of Human Rights, as well as the American Convention on Human Rights or Pact of San José. For this reason, doctor Erick Roberts, as official of State, has led initiatives for the effective enforcement and implementation of people s rights. Courses and Seminars Human Rights courses sponsored by the Attorney General s Office, in coordination with different institutions. v Supreme Court of Justice (2007) Inter-American System: Fair trial and effective legal protection. v General Prosecutor s Office (2008) Inter-American System: Due process, from the Inter-American Court of Human Rights jurisprudence. v Ecuadorian Armed Forces (2009 and 2012) Mechanisms of human rights protection in the Interamerican System context, for official of the three branches of the Armed Forces. v Civil Society in the Province of Esmeraldas (2010) Introduction to the protection mechanisms of the Inter-American System of Human Rights: due process, effective legal protection and humane treatment, addressed to law enforcement officials and the general public v National Council for Childhood and Adolescence (2011) Children and Family Rights, from the international jurisprudence in human rights. (Addressed to public official) v Official of the Attorney General s Office of Ecuador (2010) Protection of the rights granted by the Interamerican Organisms of Human Rights. 6 Erick Roberts G.

5 University Chair Universidad Internacional SEK del Ecuador (SEK International University of Ecuador) v Professor of Integration Law Pontificia Universidad Católica del Ecuador (Pontifical University of Ecuador, PUCE) v Civil Procedure Law Approaching victims to auto-compensational measures of conflict resolution PUBLICATIONS Text coordinator Basic Documents of the Interamerican System of Human Rights (2009) v Attorney General, Department of Human Rights Text coordinator Main documents of the Interamerican System of Human Rights (2007) v Attorney General s Office, Department of Human Rights INTERNATIONAL ORGANIZATION VISITS Inter-American Court of Human Rights, 42 Extraordinary Session held in Quito, November Inter-American Court of Human Rights, 45 Extraordinary Session held in Quito, April Interamerican Court of Human Rights, first in-situ diligence to communities of the Bobonaza River, Eastern Ecuador in the context of the case Kichwa Community of Sarayaku vs. Ecuador, 2012 EXPERIENCE AND LEADERSHIP IN HUMAN RIGHTS LEGAL MANAGEMENT v Right to life Legal management and intervention in the Restrepo Arismendy brothers case that implied the initiation of a new searching and investigation process in the Yambo Lake with the support of International Cooperation, Sur-Sur, Escuela Superior del Litoral (ESPOL), and International Observers. Legal management of the Restrepo Arismendy brothers case. Quito-Ecuador Quito- Ecuador Erick Roberts G. 7

6 Arrangement of the Friendly Settlement achieved in the Restrepo case. Recognition of the Friendly Settlement by the Interamerican Commission of Human Rights (ICHR) Quito-Ecuador-Washington D.C (USA) Investigation and legal management of the first Inter-State Petition declared admissible by the ICHR, regarding the situation of Franklin Aisalla Molina (Ecuador-Colombia). Quito-Ecuador, Bogotá-Colombia, Washington D.C-USA, Legal analysis that conducted the partial recognition of international responsibility of the State of Ecuador in the Zambrano Vélez case that was litigated before the Interamerican Court of Human Rights. Quito-Ecuador, City of Guatemala-Guatemala, v Right to humane treatment Legal management and administration of the case n , regarding the situation of Vidal Segura Hurtado. Quito-Ecuador, 1993 Arrangement and signature of the Friendly Settlement achieved in the case of Vidal Segura (11.632). Recognition of the Friendly Settlement by the ICHR. Quito-Washington D.C (EEUU) 2001 Arrangement and signature of the Friendly Settlement achieved in the case of Pompeyo Carlos Andrés Benítez. Recognition of the Friendly Settlement by the ICHR. Quito-Washington DC. (USA) 2001 v Rights of the child Study and legal management of the Friendly Settlement in the case of Zambrano Rada. Guayaquil Ecuador, Preliminary legal analysis of the Zambrano Rada case taking into account the following elements of indemnity: emergent damage, profit loss, moral damage and other integral reparation mechanisms. Recognition of the Friendly Settlement by the ICHR. Guayaquil-Ecuador, Washington D.C. (USA) Erick Roberts G.

7 v Rights of women Preliminary legal and technical analysis of the right to physical, mental and moral integrity of women in the case of Karina Montenegro. Grounding and signature of the Friendly Settlement in the case of Karina Montenegro. Recognition of the Friendly Settlement by the ICHR. Quito-Ecuador, 2008 Quito-Ecuador, Washington D.C (USA) 2008 v Collective rights and indigenous peoples rights Management, administration, monitoring and support in the enforcement of precautionary meassures regarding the situation of Indigenous peoples in voluntary isolation Tagaeri-Taromenane, in coordination with the Ministry of Environment, Ministry of Health, and Ministry of Justice, Human Rights and Cults. Design and legal management for the establishment of wood transportation control forts in the River Shiripuno Bridge; delimitation of the Intangible zone and buffer zone determined by Executive Decree No in coordination with the Ministry of Environment. Quito-Ecuador, Washington D.C-USA, Legal management, monitoring and support in the enforcement of precautionary meassures regarding the situation of the Kichwa Community of Sarayaku. Quito- Ecuador, Washington D.C-USA 2006 Management and monitoring of the compliance of the Precautionary Meassures ordered by the ICHR in the case of the Kichwa Community of Sarayaku. Quito-Ecuador, San José Costa Rica-Costa Rica, Design, cooperation and technical leadership in the arrangement of the first on-site visit conducted by the Interamerican Court of Human Right outside the headquarters of the Court. Quito-Pastaza-Ecuador, San José Costa Rica-Costa Rica, v Promotion and protection of the right to health Strategic litigation management in the Alban Cornejo vs. Ecuador case, before the Interamerican Court of Human Rights. Quito-Ecuador, City of Guatemala-Guatemala, Legal analysis that lead to the partial recognition of international responsibility by the State of Ecuador in Erick Roberts G. 9

8 the Alban Cornejo Case litigated before the Interamerican Court of Human Rights. Quito-Ecuador, City of Guatemala-Guatemala, Legal management and support in the supervision of compliance of the judgment pronounced by the Interamerican Court of Human Rights in the Alban Cornejo case. Quito-Ecuador, San José Costa Rica-Costa Rica, v Legal administration of precautionary meassures ordered by the ICHR. Pedro Baque Tuáres, Homero Alberto Palacios Palma y Julio Páez García (Right to life and right to humane treatment) Quito-Ecuador, july 14 of 1999, Washington D.C 2012 Kichwa Comunita of Sarayaku: Franco Viteri, José Gualinga, Francisco Santi, Fabián Grefa, Marcelo Gualinga. (Right to humane treatment) Quito, Pastaza, may 5th of 2003, Washington D.C Community 10 de Agosto of the parish of Farfán (Right to humane treatment in the context of a strike against oil traffiking) Leaders of the Federation of Farmers of Sucumbíos. Quito, 2004, Washington D.C.2012 Quito, Lago Agrio, 2005, Washington DC, Relatives of Doctor Germán Antonio Ramirez Herrera and PRIVA members (Right to life and right to humane treatment) Quito, Washington D.C, 2012 Fanny Yolanda Zaravia (Right to life and right to humane treatment. Potential threat due to electricity towers near her house) Pablo Diaz Naranjo (right to a fair trial) Quito, 2010-Washington D.C Quito, Riobamba, 2010, Washington D.C Osniel Valdez Morejon (Right to humane treatment and right to personal liberty due to detention of Cuban immigrants.) Quito, 2010, Washington D.C, Rio Grande Communities (Right to humane treatment. Threat due to the construction of Proyecto Multi Propósito Chone without being previously consulted). Quito, Chone-Manabí, 2011, Washington DC, Ecuadorian AIDS bearers (Right to life. Government health organisms of Ecuador did not provide medical care to avoid the increase of illness or any suitable treatment) 10 Erick Roberts G.

9 Quito, 2002, Washington DC, Enrique Ayala Mora. (Right to life and right to humane treatment. The beneficiary of the precautionary measure was target of retaliation after his public appearances questioning Ecuador s conjuncture. On mach 5 th 2005, Mr. Ayala Mora s car received three gun shots) Quito, 2005, Washington DC José Alberto Sánchez, Edwin Casierra and Olger Cataña. (Right to humane treatment and right to personal liberty. Victims of assault and constant threats) Aliksandr Barankov (Personal liberty, right to life and right to humane treatment) Alexis Ponce (Right to humane treatment of a human rights activist) Quito, 2010, Washington D.C 2012 Quito, Washington D.C Quito, 2003, Washington D.C 2011 Nefry Yamile Enciso Mahecha and others. (Right to humane treatment. Presumably sexual violence against Colombian citizens) Quito, 2011, Washington D.C Leonidas Isa (Life threats against the Ex- President of the Confederación de Nacionalidades Indígenas del Ecuador CONAIE ) Quito, 2005, Washington D.C, 2012 v Legal Methodology for the approach of potential human rights violation victims. The filing of a petition or request for precautionary measures to the Interamerican Commission of Human Rights reflects a concern and suspicion of the existence of violations or possible human rights violations. For this reason, Doctor Erick Roberts, assessing a conciliatory role, implemented a working process that initiates with an intense investigation of the facts denounced before de ICHR. In various cases, this inquiry has implied in-situ investigations carried out by the group of specialists in human rights matters in charge of Doctor Erick Roberts. The concourse of many institutions, such as the Ombudsman, Department of State, Office of State s General Attorney, or the Ministry of Justice, Human Rights and Cults, has structured an arena for theses cases to be attended in a integral manner, with the participation of the State and its citizens and users of the internal justice machinery in order to solve possible violations of human rights in domestic jurisdiction. v Interinstitutional leadership in the protection and promotion of human rights. Urged the creation of Human Rights departments within the Department of State and within the Ministry of Defence Quito, Headed the participation of all the Human Rights departments within public institutions to develop training projects and prevent violations of human rights. Quito,

10 Información y Contacto: / Carrión E1-76 y Av. 10 de Agosto (593 2) Quito - Ecuador Ministerio de Relaciones Exteriores, Comercio e Integración

ORDER OF THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF JANUARY 20, CASE OF THE KICHWA INDIGENOUS PEOPLE OF SARAYAKU v.

ORDER OF THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF JANUARY 20, 2012 CASE OF THE KICHWA INDIGENOUS PEOPLE OF SARAYAKU v. ECUADOR HAVING SEEN: 1. The application brief presented by the