station, Rivera Enríquez ordered the patrol car driver to head to the esplanade of the Estadio
Isidro Romero, to an area where it was dark. Once there, the National Police officers ordered
the victim to get out of the car and took him around to the rear of the stadium (supra para.
34). Minutes later a shot was heard, and the alleged victim died.
94. Given the circumstances in which the events occurred and the actions of the police
officers, particularly Second Lieutenant Rivera Enríquez, it is possible to infer that Mr. Aroca
Palma would have suffered anguish, anxiety and fear given the real possibility that the events
would culminate in his own death, in clear violation of his mental and moral integrity,
enshrined in Article 5(1) of the American Convention.
95. Therefore, even though Ecuador claimed in its defense that at the time of the events the
State had policies in place designed to protect the right to personal integrity, it made no
difference.
B.4. General conclusion
96. Based on the above, the Court concludes that the Ecuadorian State is internationally
responsible for the violation of Articles 4(1), 5(1), 7(1), 7(2), 7(4) and 7(5) of the American
Convention, read in conjunction with Article 1(1) thereof, to the detriment of Joffre Antonio
Aroca Palma.
VIII.2
RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION,
READ IN RELATION TO THE OBLIGATIONS TO RESPECT AND
GUARANTEE RIGHTS AND ADOPT DOMESTIC REMEDIES 73
A. Arguments of the Commission and of the parties
97. The Commission pointed out that, since human rights violations were involved, the
facts of the case could not be regarded as “crimes committed in the line of duty.” Therefore,
the investigation into the alleged victim’s death should have been conducted under the
ordinary jurisdiction. Hence, since the case was dealt with by the police criminal jurisdiction,
the State had violated the right to recourse to a competent, independent and impartial
authority, and to an adequate, effective judicial remedy.
98. The Commission further argued that, while one of the police officers was convicted under
the police criminal jurisdiction, the sentence was not executed. According to the information
obtained, the person in question was “a fugitive,” as was another police officer involved in the
events. If an ordinary court had been in charge of the proceedings, the case would have
remained open indefinitely. The State failed to demonstrate that it had pursued the matter
with all due diligence and within a reasonable time. In any event, since there was only a
judgment delivered by a police court, Mr. Aroca Palma’s family was not guaranteed
“clarification of the facts and [the] determination of the responsibilities of everyone involved.”
99. The Commission added that “to date a situation of impunity continues to prevail in
relation to facts of the case,” as the domestic authorities failed in their duty “to guarantee an
adequate investigation in order to identify and, if applicable, punish everyone responsible for
the death” of the alleged victim, “and to enforce the only sentence imposed for his extrajudicial
execution.” Therefore, the State had violated Articles 8(2) and 25(1) of the Convention, read
in conjunction with Articles 1(1) and 2 thereof, to the detriment of the members of Mr. Aroca
Palma’s family.
73
Articles 8 and 25 of the American Convention, read in conjunction with Articles 1(1) and 2 thereof.
20