access and the capacity to act by the victims during all stages of the investigations, pursuant
to domestic law and to the provisions of the American Convention. 95
129. Finally, the Court notes that the Public Prosecution Service reopened its investigation for the
possible commission of the crimes of torture, illegal deprivation of liberty and extrajudicial
execution, in keeping with the conclusions of the final report of the Truth Commission. The Court
also reiterates its settled case law regarding the non-applicability of legal concepts such as the
statute of limitations in cases of serious human rights violations, as they are contrary to the
provisions of the American Convention on Human Rights.
C. Measures of rehabilitation requested
130. The Commission asked that the necessary physical and mental health care measures be
provided for the members of Joffre Aroca’s family, which should be implemented “if the victims
so wish and as agreed with them and their representatives.”
131. The State maintained that the Ministry of Public Health, through the National
Undersecretariat for the Promotion of Health and Equality, had provided details of the various
actions undertaken with the members of Mr. Aroca Palma’s family, “to protect their health.” This
was confirmed by the victim’s siblings, who, during the working meeting held with public officials
in 2020 to establish the mechanisms for complying with the Commission’s recommendations, said
“they are in direct contact” with the health authorities.
132. The Court views positively Ecuador’s efforts to comply in a timely manner with the
recommendations of the Inter-American Commission. Therefore, bearing in mind the victims’
wishes in this matter and given the violations declared in this judgment, the Court orders the
State to provide, or to continue providing, psychological and/or psychiatric treatment to Cynthia
Aroca Palma, Ronald Aroca Palma, Amalia Melgar Solórzano and Amalia Antonieta Aroca Melgar.
Treatment shall be provided free of charge and as a matter of priority, and should include the
provision of any necessary medications and, where appropriate, transportation and other directly
related and necessary expenses. In addition, the treatments shall be provided, to the extent
possible, at locations that are closest to their places of residence and for the length of time
necessary. In the provision of treatments, the particular circumstances and needs of each victim
shall be taken into consideration, as well as the desires of the victim and the findings of an initial
evaluation. 96
133. The beneficiaries have a period of six months from the notification of this judgment to
inform the State of their intention to receive psychological and/or psychiatric treatment. 97 The
State shall then have a maximum of six months from the receipt of the request to provide the
treatment requested in an effective manner.
D. Measures of satisfaction requested
134. The Commission asked the Court to order measures of satisfaction “duly agreed with the
members of [Mr. Aroca Palma’s] family.”
Cf. Case of the Caracazo vs. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No.
95, para. 118, and Case of Deras García et al. v. Honduras, supra, para. 97.
96
Cf. Case of Kawas Fernández v. Honduras. Merits, reparations and costs. Judgment of April 3, 2009. Series C
No. 196, para. 209, and Case of Sales Pimenta v. Brazil, supra, para. 151.
97
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of
August 31, 2010. Series C No. 216, para. 253, and Case of Sales Pimenta v. Brazil, supra, para. 152.
95
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