Table of Contents
I INTRODUCTION OF THE CASE AND CAUSE OF ACTION
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II PROCEEDINGS BEFORE THE COURT
4
III JURISDICTION
6
IV PRELIMINARY OBJECTION
6
A. Arguments of the parties and the Commission
6
B. Considerations of the Court
7
V EVIDENCE
8
A. Admissibility of documentary evidence
8
B. Admissibility of testimonial and expert evidence
8
VI FACTS 8
A. Joffre Antonio Aroca Palma and his family
9
B. The events of February 27, 2001
9
C. Domestic proceedings before ordinary and police courts
10
D. The inclusion of the “Joffre Aroca” case in the Truth Commission’s report
13
E. Actions of Ecuador’s Public Prosecution Service following publication of the Truth
Commission’s report
14
VIII MERITS
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VIII.1 RIGHTS TO LIFE, PERSONAL INTEGRITY AND PERSONAL
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LIBERTY, IN RELATION TO THE OBLIGATIONS TO
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RESPECT AND GUARANTEE RIGHTS
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A. Arguments of the Commission and of the parties
14
A.1. Right to personal liberty
14
A.2. Right to life
15
A.3. Right to personal integrity
16
B. Considerations of the Court
17
B.1. Right to personal liberty
17
B.2. Right to life
18
B.3. Right to personal integrity
19
B.4. General conclusion
20
VIII.2 RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION,
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READ IN RELATION TO THE OBLIGATIONS TO RESPECT AND
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GUARANTEE RIGHTS AND ADOPT DOMESTIC REMEDIES
20
A. Arguments of the Commission and of the parties
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B. Considerations of the Court
21
VIII.3 RIGHT TO PERSONAL INTEGRITY OF THE MEMBERS OF
23
JOFFRE ANTONIO AROCA PALMA’S FAMILY, IN RELATION TO
23
THE OBLIGATIONS TO RESPECT AND GUARANTEE RIGHTS
23
A. Arguments of the Commission and of the parties
23
B. Considerations of the Court
23
IX REPARATIONS
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A. Injured party
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