IACHR condemns the disappearance and subsequent murder of a child and three adolescents of African descent in Ecuador

January 22, 2025

Washington, DC—The Inter-American Commission on Human Rights (IACHR) condemns the disappearance, murder, and subsequent incineration of the bodies of child Steven Medina (11), and the adolescents José Arroyo (14), Saúl Arboleda (15) and Ismael Arroyo (15) in Guayaquil, Ecuador. The IACHR urges the State to investigate, prosecute, punish, and provide redress for these crimes with due diligence, ensuring the possible involvement of military personnel, and strengthening the investigative procedures that have already been undertaken.

Steven, José, Ismael, and Saúl were victims of forced disappearance and murder, and their bodies were destroyed, purportedly to eliminate evidence and evade punishment. These reprehensible events began on December 8, 2024, when the disappearance of the children was reported in the Las Malvinas neighborhood of southern Guayaquil following a soccer game. According to official sources, the children were detained by military personnel near the Mall del Sur and were taken away in Armed Forces vehicles. That night, Ismael managed to contact his father, informing him that the four minors had been accused of robbery and were being held by the military. They have been missing ever since. On December 24, 2024, the National Police Force discovered their burned and tortured bodies in a mangrove swamp near the Armed Forces based in Taura.

On December 25th, a juvenile court judge in Guayaquil declared that the four minors had been forcibly disappeared, issued a habeas corpus ruling, ordered investigations, and demanded that the Ministry of Defense issue a public apology. The Attorney General's Office initiated criminal proceedings against 16 members of the military, placing them in preventive detention for forced disappearance. In parallel, the National Assembly launched a parliamentary investigation into the case.

The Ministry of National Defense initiated internal proceedings, including disciplinary actions; presented the 16 alleged perpetrators before the justice system, and stated that it will cooperate with the criminal justice system. However, it was reported that an appeal was filed against the habeas corpus decision, arguing that the declaration of forced disappearance falls under the jurisdiction of the criminal justice system. In addition, the Ministry of Defense, after issuing a public apology as ordered by the judge, announced that it would seek to sanction her, claiming that her actions amounted to "political persecution". Simultaneously, it criticized the "human rights narrative" against the armed forces, alleging supposed political motives. The IACHR acknowledges the judge's decision to grant habeas corpus as a measure aimed towards the urgent search for the disappeared. For this reason, it expresses concern over the statements made by the Ministry of Defense, which may threaten judicial independence and hinder the work of human rights defenders in the country, in a context of social demands for justice and the non-repetition of such events.

The State conveyed to the IACHR its commitment to respecting and guaranteeing human rights. In particular, it reported on the various efforts undertaken by public institutions to locate the disappeared, the identification of the bodies, the measures taken to ensure the presence of the alleged perpetrators in the criminal process, and the various actions aimed at cooperating with the criminal justice system.

The IACHR underscores the importance of the State intensifying its efforts to ensure access to justice for families and communities through the investigation, prosecution, sanction, and reparation of the events, including measures to prevent the recurrence of similar cases. The responsibility of state agents must be investigated, and the circumstances of the killings examined, including the possible commission of enforced disappearances and extrajudicial executions. In analyzing the case, consideration must be given to the age, ethno-racial origin, and socioeconomic status of the victims, as well as the mistreatment of their bodies, which deserve to be handled with dignity and respect. Ecuador is also called upon to guarantee the safety of the families, provide psychosocial support, and ensure adequate reparations.

In the context of the fight against organized crime, the State must adopt urgent measures to ensure that all internal security policies are grounded in a human rights approach, prioritizing the protection of Afro-descendant children and adolescents from institutional and structural violence as well as racial profiling. In implementing public security measures, the State must fulfill its heightened obligation to protect the rights of children and adolescents under its custody, considering their particular vulnerability and their subordinate position. This obligation becomes even more pressing in the case of adolescents, who often face stigmas associated with their stage of development, which may influence their treatment.

Finally, the IACHR notes that this case occurred during successive states of emergency in the country, which authorized the deployment of the Armed Forces in security tasks, citing a supposed non-international armed conflict, among other justifications. In this regard, it is important to recall that inter-American standards establish that maintaining internal public order and citizen security must primarily fall under the jurisdiction of civilian police forces. The Armed Forces are trained to "defeat the enemy" and are not suited for the protection and control of civilians.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 015/25

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