|The Constitutional Court of Ecuador accepted the Non-Compliance Action (acción por incumplimiento) filed by the Tobar ZVS team regarding the Ecuadorian State’s obligation to continue providing legal assistance to Nelson Serrano in accordance with international law.|
On February 9, 2022, the Tobar ZVS team filed a non-compliance action before the Constitutional Court against the Secretariat of Human Rights and the Ministry of Economy and Finance, alleging non-compliance with reports 29/08 and 84/09 issued by the Inter-American Commission of Human Rights, which obliged the Ecuadorian State to provide legal assistance to Nelson Serrano. The Commission determined that the State violated several of Nelson Serrano’s rights, who has been deprived of his freedom for more than two decades.
On April 20, 2022, the Constitutional Court’s Plenary approved a modification in the chronological order of case resolutions to prioritize issuing a ruling due to the importance of this case. The hearing was held in March 2023.
Finally, on September 29, 2023, the Court issued a favorable ruling ordering the Ministry of Women and Human Rights, in coordination with the Ministry of Economy and Finance and the Ministry of Foreign Affairs and Human Mobility, to continue providing legal assistance to Nelson Serrano in the country and in the United States, which implies covering legal fees and other costs related to the proceedings of his case.
This timely ruling obliges the institutions involved to resolve as soon as possible the legal and political limitations that have prevented the Ministry of Women and Human Rights from signing new contracts with Nelson Serrano’s lawyers in the United States. With the help provided by the Ecuadorian State, it will also be possible to conduct numerous evidence that proves Nelson’s innocence and that should ultimately lead to his release.
This publication contains information of general interest and does not constitute legal opinion on specific issues. Any analysis will require legal advice from the Firm.