guard. (...) One night, one of the non-commissioned officers on guard (...) arrived at the cell (...), recognized
me and asked me what I was doing there. I told him that I had been detained and had been there for several
days, and asked him to get in touch with my family. Thanks to him, my family learned where I was and
under what conditions, and managed to find me a defense attorney. Then, after 19 days they took me, in a
completely run-down state, to make a statement before the military judge, where I stated that I had no
knowledge of the offense and, much less, accepted any responsibility or participation in it. I was held in
detention at the Air Force base for five months and three weeks. I was never formally summoned. (...) My
family (...), who lived in Guayaquil, had to move to Quito to find out how I was. This time the detention was
due to the Head of Intelligence changing his version to accuse me of being the instigator (...).13
25. At the same time as the detention described above, on July 14, 1997, the Department of Intelligence of
the Air Transportation Command issued an Official Letter to the Head of the Department of Intelligence
indicating that Mr. Cortez had been placed under the jurisdiction of the Military Criminal Court of the First Air
Force Division. That Official Letter stated:
As instructed (...), and having detained Mr. (...) Gonzalo Orlando Cortez Espinoza, I take it upon myself to
place said INDIVIDUAL at the disposal of you, my superior, for you to consider pursuing the appropriate
legal procedures. Attached hereto, please also kindly find the corresponding medical certificate (...).14
26.
The IACHR takes note of a medical certificate of the same date, which reads as follows:
I certify having performed a psychological and physical examination of Mr. Gonzalo Cortez, 38 years of age,
who exhibits no abnormalities. There is no evidence or signs of trauma in any part of his body.15
27. On July 16, 1997, the Military Criminal Court of the First Air Force Division issued an arrest warrant
addressed to the Commander of the No. 11 Transportation Wing to request that Mr. Cortez remain detained in
that place. The Court wrote this:
Pursuant to the detention order issued by the Court hearing this case (...), [the Court] places at the disposal
of said authority detained air technician Sergeant Gonzalo Cortez Espinoza. In light of the above, I request
that you, Colonel, give orders for him to be kept in detention while certain procedural arrangements are
made (...), after which this Court will immediately order the detainee's transfer to the Provisional Detention
Center in Pichincha, given his civilian status. "This writ shall serve the same effects as the constitutionally
required arrest warrant."16
28. In their statement, the petitioner and Mr. Cortez stated that the latter was a detained and held
incommunicado from July 11 to July 30, 1997, the day on which he was placed under the jurisdiction of the
Military Judge to make his preliminary investigation statement.17 The State did not contest that information.
29. On July 30, 1997, Mr. Cortez made his preliminary investigation statement cited above. Nothing in the
case file indicates that Mr. Cortez was assisted by a defense attorney on that occasion. 18.
30. On August 11, 1997, Mr. Cortez wrote to the Military Criminal Court of the First Air Force division as
follows:
Statement by Mr. Cortez, addressed to the Inter-American Commission on Human Rights, on March 8, 2012. Attached to the petitioner's
communication of April 3, 2012.
14 Ministry of Defense. Air Transportation Command. Department of Intelligence. Official Letter No. 085-CZ-2b-0-97, sent by the Head of
teh Department of Intrelligfence on July 14, 1997. Page 119 of the 03-07 Judicial case file of the military criminal proceedings. Attached
to the petition of March 29, 2000.
15 Ministry of Defense. Health Servce of the Ecuadorian Armed Forces. Medical certificate issue in the health unit in Quito on July 14, 1997.
Page 120 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000.
16 Military Criminal Court of the First Air Division. Constitutionally required Arrest Warrant 150-CM-2-0-97 in military criminal
proceedings N° 03/-97 of July 16, 1997. Page 121 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the
petition of March 29, 2000.
17 Writ by the petitioner, Monday, November 8, 2010. Statement by Mr. Cortez, addressed to the Inter-American Commission on Human
Rights, on March 8, 2012. Attached to the petitioner's communication of April 3, 2012.
18 Military Criminal Court of the First Air Division. Preliminary inquiries statement by Mr. Cortez in military criminal proceedings 03-97 of
July 30, 1997. Pages 123 to 125 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29,
2000.
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