also died as a result of the attack. The officers fled the scene and did not report the
incident to their superiors.
B.2) Administrative and judicial proceedings
38.
The Judicial Technical Police conducted an investigation in which they concluded
that J.C.B. was responsible for the death of Walter Huacón, given that the ballistics test
indicated that the projectiles found in his body had been fired from this officer's weapon.
Questions persist as the whether the other officers participated in Ms. Mercedes Salazar’s
death, as it was reported that they fired shots at the car. However, they did not appear
to give statements and did not surrendered their weapons for the corresponding ballistic
tests.
39.
In view of the facts, a criminal action was filed before the ordinary justice system,
which was referred to the police criminal jurisdiction. On March 16, 2000, the Second
Court of the Fourth District of the National Police issued charges only against J.C.B. for
the crime of simple homicide, whose case went to plenary. Charges against the other
agents were provisionally dismissed. Upon appeal, on November 30, 2000, the Second
District Police Court upheld the decision of the lower courts to dismiss the case with
respect to the five officers; it did the same on November 9, 2001, regarding the decision
with respect to J.C.B. He did not to testify during the process, the proceedings were
suspended, and the crime was declared time-barred under the statute of limitations on
October 11, 2012.
40.
Moreover, in April 2000, the family members filed two civil actions for
compensation. A court fee equivalent to 1% of the amount of the claim was requested
in order to continue with the process, which amounted, in each case, to USD 40,000
(forty thousand United States dollars). As stated in the agreement, “[t]here is no further
information on these cases."
C) Human rights violations
41.
In view of the State's acknowledgment of responsibility in the case and its
acceptance of the facts of the case, there is no longer any dispute over the human rights
violations committed. With its approval of the friendly settlement agreement (supra
paras. 18-26), the Court therefore declares Ecuador responsible for the human rights
violations summarized below.
42.
The State is responsible for the violation of the right to life, recognized in Article
4(1) of the American Convention on Human Rights, read in conjunction with Article 1(1)
of the same instrument, as a result of the extrajudicial executions of Walter Huacón and
Mercedes Salazar carried out by police officers who fired at the aforementioned victims
in actions that were unjustified, unnecessary, and disproportionate, as well as lacking a
legitimate aim.
43.
The State is responsible for the violation of the right to personal integrity,
recognized in Article 5(1) of the American Convention, read in conjunction with Article
1(1) of the same instrument, to the detriment of Walter Huacón and Mercedes Salazar.
Both were shot at with firearms while pursued by six police officers. Ecuador
acknowledged that Mr. Huacón was pulled from his vehicle and shot in the right leg by
a police officer. Mr. Huacón remained alive for a few minutes until he was shot in the
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