Commander-in-Chief of the Air Transportation Command and Judge of the Court of Law of the First Air Force
Division.37
46. The Court of Law of the First Air Force Division also lifted the additional precautionary measures against
Mr. Cortez, consisting of the ban on disposal of real estate property, the withholding and blocking of funds, and
the prohibition on leaving the country.38
47. The IACHR takes note of the statement rendered by Mr. Cortez on March 8, 2012 at the First Notarial
Office in Quito regarding what happened on February 28, 2000:
(...) On February 28, 2000, I decided to go to the First Air Force Division so that they could return me the
bond money and I went without being accompanied by my lawyer (...). Major Gutierrez,, Head of
Intelligence of the First Air Force Division came up to me accompanied by two sergeants and told him that
he had a detention order issued by the Judge of the Third Criminal Court (,,,). That order indicated that the
arrest was to be carried out by the National Police, not by any member of the military. (...) Around 2 p.m.,
Colonel Vélez, a Judge of the First Military Division asked the Head of Intelligence whether they had already
taken me as a detainee to the National Police. Major Gutierrez said that I was waiting for a member of my
family in order to hand over the money to him and Colonel Vélez said "if we don't keep the money, let them
take it away from him in prison." He then sent me with two sergeants to the Judicial Police. When we went
there, the officer on guard decided not to proceed to detain me because the intelligence agent showed a
photocopy of the order and indicated that I was free. At that point, the sergeant pointed his pistol at me
and took me in the vehicle to the Quito Regiment (...) where he asked for a member of the police force, who
came and proceeded to book me in as a criminal. Afterwards a police record was drawn up stating that I
had handed myself in voluntarily, and then I was sent in a police patrol car to the Provisional Detention
Center. (...) I entered the Detention Center and three days later the original arrest warrant appeared. In
other words, I had been detained without an original warrant.39
48.
On March 3, 2000, the Third Criminal Court of Pichincha issued a writ ordering the following:
Summons the accused Gonzalo Orlando Cortez Espinoza (…). Considering (...) that the accused citizen (...)
is detained in the Provisional Detention Center in Quito, let the respective arrest warrant be issued against
the aforementioned accused, who shall remain detained on the orders of this jurisdiction.40
49. Mr. Cortez filed a habeas corpus writ before the Mayor of the City of Quito, which was declared
inadmissible.41 The IACHR does not have that resolution. Against that resolution, Mr. Cortez filed a remedy of
complaint appeal with the Constitutional Guarantees Tribunal pointing out that his habeas corpus had been
denied "without knowledge of the case".42 The IACHR has no information as to how said appeal was resolved.
50. On March 17, 2000, the defense counsel for Mr. Cortez wrote to the Court asking that the detention order
be revoked and that the court disqualify itself from hearing the case.43 The reason adduced was that Mr. Cortez
had already been accused and tried in first instance by the Military Criminal Court of the First Air Force
37 Ministry
of Defense. Air Transportation Command. Finance Department. Certificate of the return of the bond to Mr. Cortez on March 22,
2000. Appendix 5 of the State’s communication of December 20, 2012.
38 Military Criminal Court of the First Air Force Division. Writ No. 114-AB-B-0-2000, of March 10,2000 in military criminal proceedings 0397. Attached to the petitioner's communication of April 20, 2000.
39 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.
40 Third Criminal Court of Pichincha. Writ agreeing to process the private bill of indictment against Mr. Cortez in civil criminal proceedings
LP-46-2000 , dated March 3, 2000. Attached to Official Letter No. 993-2010-JTPP of December 23, 2010 addressed to the National Human
Rights Directorate of the Office of the Attorney General (Procuraduría General del Estado). Attached to the State’s communication of March
2, 2011.
41 Constitutional Tribunal. Resolution No. 131-III-SALA-2000 in Case #012-2000-HC, dated May 10, 2000. Attached to the State’s
communication of June 19, 2000.
42 Constitutional Tribunal. Written request of Mr. Cortez in Case #012-2000-HC, dated March 15, 2000. Attached to the petitioner's
communication of April 20, 2000.
43 Third Criminal Court of Pichincha. Written request of Mr. Cortez in civil criminal proceedings LP-46-2000, dated March 17, 2000.
Attached to the petition of March 29, 2000.
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