Tutela judicial efectiva a la luz de la ejecución de sentencias expedidas por la corte interamericana de derechos humanos contra Ecuador

Abstract

The Inter-American System of Human Rights is configured as a supplementary mechanism to which recourse is had if the organs, institutions and powers of a State do not fulfil their function of guaranteeing the validity of the human rights recognised in the American Convention on Human Rights (Pact of San José); thus the victims or their relatives can appeal in the first instance to the Inter-American Commission which, if it considers it necessary, will take the case to the Inter-American Court so that it can decide on the appropriate action. This jurisdiction is recognized by Ecuador and therefore these judgments are binding on the Ecuadorian State as provided for in Article 68 of the American Convention. With this background, the present work will analyze the answers to the following questions: How does the lack of execution of sentences affect the right to effective judicial protection? What legal effects does the non-execution of sentences by the sanctioned State bring? What procedural mechanisms can be used to force the State to comply with the sentences issued by the Inter-American Court? The development of the thesis consists first of all of the definition of the right to effective judicial protection as well as its contents, which consist of accessing the organs of justice, obtaining from them a motivated sentence so that the judicial resolutions can be executed, achieving with the latter the materialization of the right to judicial protection and the rights recognized in said sentence; since effective protection is provided for in the Constitution, it is the State itself that must guarantee the effective enjoyment of it. It also explains the type of sentences that the Inter-American Court of Human Rights issues