Estudio de los delitos de Lesa Humanidad en Ecuador, a partir del informe elaborado por la comisión de la verdad en el caso Arturo Jarrín

Abstract

The analysis of the Arturo Jarrín case constitutes an analysis of the nature of the crime against humanity contemplated in the Rome Statute, which identifies the different ways in which State actions can lead to configure such a crime. That is why it starts from a socio-historical analysis to identify the main facts that gave rise to the configuration of crimes against humanity, among them the massacre of Armenia, the Jewish holocaust in Hitler's Germany in the Second World War, but also other facts raised in Latin America in the dictatorships that took place in the 60s and 70s on the occasion of stopping the advance of the insurgent movements. The Arturo Jarrín case is analyzed since the report of the Truth Commission of 2010, and is complemented by interviews with leading intellectuals who lived and studied the reality experienced by several of the members of Alfaro Vive Carajo (AVC). After submitting the provisions of the Rome Statute in what corresponds to a crime against humanity and contrasting with the facts in which Arturo Jarrín, is arrested, disappeared, tortured and finally killed, it is concluded that he fits into a crime against humanity. In addition, it is found that although it is true that the facts are prior to the incorporation of the norms that sanction said crime, the case, as a death where the State is responsible, is still open, since no guilt has been determined by those involved.