Ecuadorian financial institution, in United States dollars or the equivalent in the national
currency, and under the most favorable financial conditions allowed by law and banking
practice. If the compensation has not been claimed after ten years, the monies shall be
returned to the State along with the accrued interest. If that is not possible, the State shall
ensure that the funds are available for a period of ten years.
155. The amounts allocated as compensation for pecuniary and non-pecuniary damages and
costs shall be paid to the individuals specified in full, pursuant to the provisions of this
judgment, with no deductions for possible taxes.
156. If the State falls into arrears with its payments, it shall pay interest on the amount owed
at the rate of interest charged on arrears by banks in Ecuador.
X
OPERATIVE PARAGRAPHS
157. Therefore,
THE COURT
DECIDES,
unanimously:
1.
To dismiss the preliminary objection invoking the principle of subsidiarity in the InterAmerican System for the Protection of Human Rights, pursuant to paragraphs 24 and 25 of
this judgment.
DECLARES,
unanimously, that:
2.
The State is internationally responsible for violating the rights to life, personal integrity
and personal liberty, recognized in articles 4(1), 5(1), 7(1), 7(2), 7(4) and 7(5) of the
American Convention on Human Rights, read in conjunction with the obligations to respect
and guarantee the rights established in Article 1(1) thereof, to the detriment of Joffre Antonio
Aroca Palma, pursuant to paragraphs 77 to 96 of this judgment.
3.
The State is internationally responsible for violating the rights to judicial guarantees and
judicial protection, recognized in articles 8(1) and 25(1) of the American Convention on Human
Rights, read in conjunction with the obligations to respect and guarantee rights and adopt
remedies under domestic law established in articles 1(1) and 2 thereof, to the detriment of
Winston Joffre Aroca Melgar, Perla Palma Sánchez, Cynthia Aroca Palma, Ronald Aroca Palma,
Amalia Melgar Solórzano and Amalia Antonieta Aroca Melgar, pursuant to paragraphs 103 to
109 of this judgment.
4.
The State is internationally responsible for the violation of the right to personal integrity,
recognized in Article 5(1) of the American Convention on Human Rights, read in conjunction
with the obligations to respect and guarantee the rights established in Article 1(1) thereof, to
the detriment of Winston Joffre Aroca Melgar, Perla Palma Sánchez, Cynthia Aroca Palma,
Ronald Aroca Palma, Amalia Melgar Solórzano and Amalia Antonieta Aroca Melgar, pursuant
to paragraphs 113 to 119 of this judgment.
AND ESTABLISHES:
30