Guayas Judicial Police. However, as they drove along Barcelona Avenue, he ordered the driver
to enter and drive along the esplanade of the Estadio Isidro Romero, until they reached a dark
area. The National Police officers then got out of the car with Mr. Aroca Palma, while the
Metropolitan Police officer and the driver remained in the vehicle. They took Joffre Aroca
around the back of the stadium. Five minutes later, one of the National Police officers returned,
and roughly two minutes after that a gunshot was heard. Second Lieutenant Carlos Eduardo
Rivera Enríquez then came trotting back to the patrol car and ordered the driver to drive off. 28
35. According to the Metropolitan Police officer, when Mr. Aroca Palma was put into the
vehicle after his arrest, Second Lieutenant Rivera Enríquez covered Joffre Aroca’s face with
the shirt he was wearing. The Metropolitan Police officer also stated that when he asked the
second lieutenant what had happened at the stadium, he said he had let Mr. Aroca Palma
escape, firing a shot into the air to frighten him. 29
36. Joffre Aroca’s body was found some hours later by stadium cleaning staff. 30 According
to the autopsy that was performed, the cause of death was acute internal hemorrhaging and
laceration of the right lung and heart caused by the entry and exit of a bullet from a firearm. 31
C. Domestic proceedings under the ordinary and police jurisdictions
37. On February 27, 2001, Mr. Aroca Palma’s paternal aunt, Amalia Antonieta Aroca Melgar,
filed a criminal complaint for the death of her nephew. On March 7, 2001, the judge in charge
of the Fifth Criminal Court of Guayas asked the Provincial Chief of the Judicial Police of Guayas
to send her the results of the investigations carried out in response to the complaint. 32
38. On March 7, 2001, the Provincial Chief of the Judicial Police of Guayas asked the Guayas
Criminal Court Judge on Duty to issue arrest warrants for the Metropolitan Police officer and
the patrol car driver. The judge ordered that the arrest warrants be issued, and an
investigation carried out. 33
39. On March 8, 2001, the Second Judge of the Fourth National Police District ordered the
arrest of Second Lieutenant Rivera Enríquez “on the grounds of well-founded suspicions that
he had been involved in [Mr. Aroca Palma’s] death.” The same day, the Head of the Crimes
against Persons Unit of the Judicial Police of Guayas reported that National Police officer EPYE
had been arrested. 34
40. On March 19, 2001, Mr. Winston Joffre Aroca Melgar, Joffre Aroca’s father, brought a
private prosecution against the police officers and the patrol car driver. 35
41. On March 22, 2001, the Fifth Criminal Court Judge of Guayas issued an order setting a
preliminary hearing for the case against the Metropolitan Police officer and the driver of the
patrol car for Mr. Aroca Palma’s death. The judge also observed that, since Second Lieutenant
28
Cf. Police investigation report of May 10, 2001 (evidence file, volume I, annex 4 to the Merits Report, folios
34 and 35).
29
Cf. Witness statement of JFBF of April 6, 2001 (evidence file, volume I, annex 5 to the Merits Report, page
44), and witness statement of WKLV of April 6, 2001 (evidence file, volume I, annex 5 to the Merits Report, folio 51).
30
Cf. Authorization for removal of the body of February 28, 2001 (evidence file, volume I, annex 7 to the Merits
Report, folio 66).
31
Cf. Autopsy report of February 27, 2001 (evidence file, volume I, annex 8 to the Merits Report, page 69).
32
Cf. Police investigation report of May 10, 2001 (evidence file, volume I, annex 4 to the Merits Report, folio
28).
33
Cf. Police investigation report of May 10, 2001 (evidence file, volume I, annex 4 to the Merits Report, folio
28).
34
Cf. Police investigation report of May 10, 2001 (evidence file, volume I, annex 4 to the Merits Report, folio
29).
35
Cf. Indictment of the Public Prosecutor’s Office of the Second District Court of Police Justice (evidence file,
volume I, annex 6 to the Merits Report, folio 54).
10