"(...) precisely due to lack of competence (...) you are under an obligation to restore all Mr. (...) Cortez's rights, which were violated in your court, through a writ of ne exeat, blocking of bank accounts, ban on the disposal of assets, setting of a bond (...); it is you, Your Honor (...) who must ordain that all his rights and bond be restored immediately."31 40. The Court of Law of the First Air Force Division remitted that writ to the Military Criminal Prosecutor of the First Air Force Division who issued the following opinion on January 13, 2000: (...) You, Judge, having been declared incompetent in the criminal action against the aforementioned Sergeant Cortez Espinoza, are not allowed, due to that legal incompetence, to issue any writ at all. On the contrary, you must all the litigation to the competent judge, for that authority to resolve on the petitioner's request (...) You, Judge, must deny what is requested in the writs submitted by retired Sergeant Cortez Espinoza, aimed at lifting the precautionary measures and the bond, given that his petition cannot endow competence to your authority for an act that would benefit the applicant.32 41. On January 19, 2000, the Court of Law of the First Air Force Division denied Mr. Cortez's request. The IACHR notes that the Court restricted itself to pointing out that it had "heeded the legal opinion" of the Military Prosecutor.33 B. Regarding the second detention of Mr. Cortez and the continuity of the criminal proceedings 42. On January 12, 2000, the Court of Law of the First Air Force Division remitted the case file of the military proceedings to the Allocation of Cases by Lot (Sala de Sorteo) Room at the Supreme Court of Justice of Quito.34 43. On January 28, 2000, the Third Criminal Court of Pichincha ordered proceedings against Mr. Cortez indicating that "the fact recounted constitutes a punishable offense that can be investigated ex officio, wherefore I issue the present court order for the PRE-TRIAL DETENTION of the person I accuse in the instant case, given that the requirements of Article 177 of the Code of Criminal Procedure are met."35 44. On February 28, 2000, a private bill of indictment was filed by the Ministry of Defense against Mr. Cortez addressed to the Third Criminal Court of Pichincha, requesting that the Military Criminal Court of the First Air Force Division be ordered to remit the US$1,500 bond deposited in that jurisdiction in order to preemptively safeguard that sum against the item stolen in the illicit act. The writ further requested that Mr. Cortez be summonsed.36 45. The file contains, in response to the various requests by Mr. Cortez for the return of the bond deposited during the military criminal proceedings, a certificate dated March 22, 2000 by the Head of the Finance Department of the Air Transportation Command, which states as follows: (...) I hereby certify that on February 28, 2000, the sum of US$1,500 was handed over to retired First Sergeant Gonzalo Cortez Espinoza (...) that being the sum deposited in this cashier's office as a bond in connection with the military criminal proceedings. Said return of the bond was made on (...) orders of the Military Criminal Court of the First Air Force Division. Written request of Mr. Cortez in military criminal proceedings 03-97 of December 24, 1999. Page 252 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000. 32 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 January 13, 2000. Page 255 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000. 33 Military Criminal Court of the First Air Force Division. Resolution of January 19, 2000. Page 256 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000. 34 Ministry of Defense. Ecuadorian Aire Force. Criminal Court of the First Air Division. Official Letter 012-B-B-0-2000, dated January 12, 2000. Page 254 of the 03-07 Judicial case file of the military criminal proceedings. Attached to the petition of March 29, 2000. 35 Third Criminal Court of Pichincha. Order to open civil criminal proceedings LP-46-2000 of January 28, 2000. Attached to the petition of March 29, 2000. 36 Third Criminal Court of Pichincha. Private bill of indictment of the Ministry of Defense against Mr. Cortez in civil criminal proceedings LP-46-2000 of January 28, 2000. Attached to the petition of March 29, 2000. 31 8