dignity in doubt, as a result of which I have also lost my job. I therefore with all respect request that in the
dismissal of proceedings you issue in my favor, you also lift all the measures taken against me, including
the blocking of my bank accounts, the ban on disposing of my assets, writ of no exeat, and so on.24
35. On November 23, 1998, the Military Prosecutor of the First Air Force Division issued his opinion
requesting the dismissal of proceedings against Mr. Cortes, stating as follows:
(...) in respect of retired Sergeant Gonzalo Orlando Cortez Espinoza, may Your Honor order dismissal of
proceedings as he did not take part in the theft of the VOR equipment.25
36. On the same day, the Military Court of Law of the First Air Force Division issued a summons for the
second phase of the proceedings (emitió un auto de llamamiento a plenario) and declared itself competent to
hear the case.26 The Court ruled as follows:
The offense that gave rise to this investigation has been ascertained both by the intelligence report which
states: "the aforementioned equipment was delivered in a sale to engineer Juan Guevara, for a price of
three million eight hundred thousand sucres, which were handed over to Sergeant Caizapanta,” and by the
other documents remitted by Superiors in connection with this case, as well as the statements made by
the accused during investigations (...), except in the case of engineer Juan Guevara, a fugitive from justice.
Those documents, along with others cited in the proceedings, establish both the pre-existence of this item
(the VOR equipment) (...) [and] the commission of this offense, together with the alleged responsibility in
this crime of the accused Sergeant Patricio Caizapanta, Sergeant Milton Noroña, as the perpetrator and
accessory, respectively, of this offense; as well as former Sergeant Cortez and engineer Juan Guevara as the
instigators. For that reason, and in line with the opinion expressed by the Division Prosecutor, the
aforementioned accused are hereby summoned to trial, as their participation in the aforementioned crime
has not been ruled out.27
37. On November 12, 1999, the Military Court of Justice ruled on the appeal filed by the defense counsel for
Mr. Cortez against the summons to the second phase of trial by the Court. The Military Court of Justice annulled
all actions taken in respect of the alleged victim and considered that the Trial Court was not competent to hear
the case against Mr. Cortez, given his status as a civilian. Consequently, it ordered a copy of the case file to be
sent for handling by a court in the ordinary jurisdiction chosen by lot.28
38. On December 7, 1999, Mr. Cortez requested the Court of Law of the First Air Force Division to order the
immediate return of the bond paid, given the annulment of all proceedings against him in the military
jurisdiction.29 One week later, the Court of Law of the First Air Force Division declared itself incompetent to
order the return of the bond pursuant to the November 12 resolution of the Military Court of Justice.30
39. On December 24, 1999, the defense counsel for Mr. Cortez sent a communication to the Court of Law of
the First Air Force Division stating that:
Military Criminal Court of the First Air Force Division. Concluding written statement of Mr. Cortez in military criminal proceedings 0397 of July 29, 1998. Pages 222 to 228 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March
29, 2000.
25 Military Criminal Court of the First Air Force Division. Opinion of the Military Prosecutor of the First Air Force Division in the 03-97
military criminal trial of August 28, 1998. Pages 232 to 233 of the 03-07 Judicial case file of the military criminal proceedings. Attached
to the petition of March 29, 2000.
26 Military Criminal Court of the First Air Force Division. Order for a plenary session of the Court in military criminal proceedings 03-97 of
November 23, 1998. Pages 235 to 236 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March
29, 2000.
27 Military Criminal Court of the First Air Force Division. Order for a plenary session of the Court in military criminal proceedings 03-97 of
November 23, 1998. Pages 235 to 236 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March
29, 2000.
28 Court of Military Justice. Ruling on appeal in military criminal proceedings N° 03/-97 of November 12, 1999. Page 244 of the 03-07
Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000. Appendix 2 of the State’s communication
of December 20, 2012.
29 Military Criminal Court of the First Air Force Division. Written request of Mr. Cortez in military criminal proceedings 03-97 of December
7, 1999. Page 245 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000.
30 Military Criminal Court of the First Air Force Division. (Unnumbered) writ in military criminal proceedings N° 03/-97 of December 15,
1999. Page 250 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000.
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