him in the police vehicle. Furthermore, in none of the statements did the officers state “the
reason why they had detained [Mr. Aroca Palma] in the first place.” In fact, no official report
on the arrest was issued, nor was it called in over the police radio communication system.
64. The Commission pointed out that no information had been provided regarding the
existence of internal regulations authorizing officers to detain suspects for identification
purposes or to conduct searches on the grounds of reasonable suspicion, although the State
had not alleged that regulations of that kind existed in any case. Neither was it alleged that
legislation existed requiring the police to explain, in writing and to their superiors, the reasons
why they would have made an arrest without a warrant, or if it was because the alleged victim
had been caught red-handed. Therefore, the detention of the alleged victim was unlawful and
arbitrary, in violation of Articles 7(1), 7(2), and 7(3) of the American Convention, read in
conjunction with Articles 1(1) and 2 thereof.
65. The Commission added that the State had not presented information confirming the fact
that the police officers had told Mr. Aroca Palma why he was being detained. Nor did the
individuals who were with the alleged victim at the time of his detention hear the police give
any such explanations. It is also evident that the purpose of the detention was not to present
the alleged victim to the competent authority so they could determine the legality of the arrest
and protect his personal safety. Therefore, the State was responsible for the violation of
Articles 7(4) and 7(5) of the Convention, read in conjunction with Article 1(1) thereof.
66. The representative argued that the State’s responsibility had been fully demonstrated,
as confirmed by the Law for the Reparation of Victims, whose Article 2 establishes that the
State “recognizes that the victims suffered unjustifiable violations of their life, liberty, integrity
and dignity.” 56
67. The State maintained that, at the time of the events, it had “legal mechanisms […] to
guarantee and ensure the protection of the right to personal liberty,” including Article 23 of
the 1998 Constitution and the provisions contained in Article 24, which “concretely recognized
the procedural requirements that public agents must follow when depriving someone of their
liberty.” The Constitution also recognized the right to a writ of habeas corpus in the event of
a violation of the right to personal liberty. Furthermore, the Penal Code in effect at the time
“punished all unlawful and arbitrary arrests.”
68. The State also argued that the current provisions of the Constitution and ordinary law
maintained and reinforced the guarantees and protection mechanisms relating to the right to
personal liberty. It added that, from the date on which the events occurred to the present
time, Ecuador “has maintained an institutional structure that protects the right to personal
liberty of all persons under its jurisdiction,” and “has shown that it has taken progressive [...]
legal steps to broaden and complement this right with other procedural and jurisdictional
guarantees.”
A.2. Right to life
69. The Commission argued that it was an undisputed fact that Joffre Aroca died on
February 27, 2001 as a result of the shot fired by a second lieutenant of the National Police,
who was on duty. It pointed out that the police officer in question had been convicted of the
crime, and his version of events had been discounted (he alleged that the victim had run
away, and that the shot fired was the result of a struggle between the two).
70. It maintained that while the State had a responsibility to provide a satisfactory account
of what happened, it had failed to offer any explanation of how the death of the alleged victim
56
Argument put forward in the final written arguments.
15