12 72. Based on the arguments and evidence submitted by the parties, the Commission deems that as described, the facts surrounding the death of the adolescent José Luis García Ibarra could characterize a violation of the right to life and children’s right to special protection, set forth in articles 4 and 19 of the American Convention, read in conjunction with Article 1(1) thereof. The Commission also considers that the facts described could characterize a violation of the rights to humane treatment, judicial guarantees, and judicial protection, established in articles 5, 8 and 25 of the American Convention, read in conjunction with the obligations established in Article 1(1) thereof, to the detriment of the deceased adolescent’s next of kin. V. FINDINGS OF FACT A. The death of José Luis García Ibarra 73. José Luis García Ibarra, son of Pura Vicenta Ibarra Ponce and Alfonso Alfredo García Macias, was 16 years old at the time of his death.6 He was pursuing his high-school degree.7 74. José Luis García Ibarra died on September 15, 19928 in the neighborhood known as Codesa, in the city of Esmeraldas.9 According to the autopsy report, the cause of death was an “intracranial hemorrhage with encephalic laceration and multiple skull fractures produced by a projectile from a firearm.”10 75. No one contests the fact that the person who fired the shot that caused the adolescent’s death was National Police officer Guillermo Segundo Cortez Escobedo,11 who used a Smith and Wesson 38 caliber long barrel revolver, number AEB 5495.12 6 Appendix 1. Identification of the Deceased, mentioned in the Prosecution’s Filing (Attachment to the original petition); Appendix 2. Statement from the alleged victim’s mother, Vicenta Ibarra Ponce, made at the First National Police Precinct on September 16, 1992, (Attachment to the original petition of November 8, 1994); see also, Appendix 3. Forensic examination and autopsy (attachment to the petitioner’s brief of June 19, 2009). 7 Appendix 2. Statement from the alleged victim’s mother, Vicenta Ibarra Ponce, made at the First National Police Precinct on September 16, 1992. Attached to the statement were a certificate from Mr. Eduardo Bolaños Piñeda, the police record, and a copy of his identification card (Attachment to the original petition of November 8, 1994). 8 Appendix 2. Statement from the alleged victim’s mother, Vicenta Ibarra Ponce, made at the First National Police Precinct on September 16, 1992, (Attachment to the original petition of November 8, 1994); Appendix 4. Statement by Segundo Rafael Mosquera Sosa to the First National Police Precinct, September 15, 1992 (Attachment to the petitioner’s brief of June 19, 2009); Appendix 5. Statement by Hugo Enrique Menendez to the Third Criminal Court of Esmeraldas, December 3, 1992 (attachment to the petitioner’s brief of June 19, 2009); Appendix 6. Statement by Susana Arminda Perea Quintero to the Third Criminal Court of Esmeraldas, December 3, 1992 (Attachment to the petitioner’s brief of June 19, 2009); Appendix 7. Statement by Cristian Cristóbal Rivadeneira to the Third Criminal Court of Esmeraldas, December 3, 1992 (Attachment to the petitioner’s brief of June 19, 2009); Appendix 8. Out-of-court testimony of Guillermo Segundo Cortez Escobedo, mentioned in the Prosecution’s Filing of January 7, 1995 (Attachment to the original petition of November 8, 1994); Appendix 9. Prosecution’s Filing (Attachment to the original petition of November 8, 1994); See also: Appendix 3. Forensic examination and autopsy (Attachment to the petitioner’s brief of June 19, 2009). 9 Appendix 9. Prosecution’s Filing (Attachment to the original petition). See also: Statements by eyewitnesses to the Police Precinct, in the Prosecution’s Filing and to the Third Criminal Court of Esmeraldas. 10 Appendix 3. Forensic examination and autopsy (Attachment to the petitioner’s brief of June 19, 2009). 11 Appendix 2. Statement from the alleged victim’s mother, Vicenta Ibarra Ponce, made at the First National Police Precinct on September 16, 1992, (Attachment to the original petition of November 8, 1994); Appendix 4. Statement by Segundo Rafael Mosquera Sosa to the First National Police Precinct, September 15, 1992 (Attachment to the petitioner’s brief Continúa…