caused. 91 Furthermore, this Court has established that reparations must have a causal nexus
with the facts of the case, the alleged violations, the proven damages, as well as with the
measures requested to repair the resulting damage. 92
122. Accordingly, in accordance with the violations declared in this judgment, the Court will
proceed to examine the petitions made by the Commission, as well as the arguments of the State.
A. Injured party
123. This Court, under the terms of Article 63(1) of the Convention, holds as an injured party
anyone who has been declared the victim of violation of a right recognized in this judgment.
Therefore, the Court considers Joffre Aroca and family members Winston Joffre Aroca Melgar,
Perla Palma Sánchez, Cynthia Aroca Palma, Ronald Aroca Palma, Amalia Melgar Solórzano and
Amalia Antonieta Aroca Melgar to be injured parties.
124. The Court notes that Mr. Aroca Palma’s parents, Winston Joffre Aroca Melgar 93 and Perla
Palma Sánchez 94 have passed away, and this fact will be taken into account for all pertinent
purposes.
B. Obligation to investigate
125. The Commission asked that the State be ordered to “conduct a full, effective investigation
of the alleged human rights violations,” which would entail: a) “making every effort to capture”
the police officer declared responsible, “so that he can serve the sentence imposed,” and b)
“investigate whoever else is responsible under the ordinary criminal jurisdiction.”
126. The State argued that the Public Prosecution Service had provided details of various actions
it had carried out, as it continues to “take the steps required to advance the investigation and
initiate the corresponding criminal proceedings.” It pointed out that in a working meeting with
members of Joffre Aroca’s family in August 2020, the latter were informed that, if they required
information about the progress of the investigations, “a meeting could be arranged with the
Prosecutor.”
127. According to the proven facts, the only person convicted for Mr. Aroca Palma’s death did not
serve the sentence imposed. Furthermore, there is no information about the progress of the
proceedings initiated against former police officer EPYE, or the Metropolitan Police officer and the
driver of the patrol car.
128. The Court views positively Ecuador’s efforts, undertaken through the Public Prosecution
Service, to continue the investigation under the ordinary jurisdiction and fully clarify what
happened. This Court therefore orders the State, within a reasonable period and with all due
diligence, to promote, continue and conclude whatever investigations may be necessary to
determine all the circumstances of Joffre Aroca’s death, and, if relevant, prosecute and punish
the person or persons responsible. In so doing, the State must guarantee the victims full
Cf. Case of the “Las Dos Erres” Massacre v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Deras García et al. v. Honduras, supra,
para. 91.
92
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, and Case of Deras García et al. v. Honduras, supra, para. 92.
93
Cf. Death certificate of Winston Joffre Aroca Melgar, issued by the General Directorate of the Civil Registry,
Identification and Certification (merits file, volume I, annex to the brief of December 17, 2020, folio 42).
94
Cf. Death certificate of Perla Palma Sánchez, issued by the General Directorate of the Civil Registry,
Identification and Certification (merits file, volume I, annex to the brief of December 17, 2020, folio 43).
91
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