16
agents that arrested Mr. Acosta Calderón.30
50(24) On October 17, 1991 the Secretary of the Social Rehabilitation Center of
Ambato certified that Mr. Acosta Calderón had presented excellent behavior and
discipline during his detention in this center.31
50(25) In his preliminary examination statement of October 18, 1991 Mr.
Acosta Calderón reiterated his innocence, he pointed out that he had been
imprisoned since November 15, 1989 and that up to the date of his statement
no physical evidence had been presented against him. Therefore, he requested
that the corresponding procedure by started with the urgency required by his
situation.32
50(26) Later, Mr. Acosta Calderón requested that his preliminary examination
statement be included in the record and considered evidence in his favour. He
also claimed that the irregularities in the process were cause for its complete
nullity and he challenged the statements offered by the police officers Jorge
Luna, Edison Tobar, and Raúl Toapanta (supra para. 50(13)) and he requested
that when they offered their statements they be “cross-examined as per the
question sheet” he presented to the Court. Finally, he insisted on the reversal of
the arrest warrant due to non-compliance with the requirements demanded by
Article 177 of the Code of Criminal Procedures.33
50(27) On November 19, 1991 the Judge of Criminal Matters of Lake Agrio
resolved that Mr. Acosta Calderón’s preliminary examination statement be
entered as evidence.34
50(28) On December 10, 1991 the Criminal Prosecutor of Sucumbios set forth
his opinion that the drug seized should be destroyed.35
50(29) On December 17, 1991 the Judge of Criminal Matters of Lake Agrio
ordered that the opinion of the prosecutor be added to the process and that the
Provincial Health Authority of Napo, in the city of Tena, certify if the physical
evidence seized was located at that institution in order to proceed with its
destruction.36
30
Cfr. ruling of October 8, 1991 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the
petition, annex 10, leaf 137).
31
Cfr. certificate of good behavior of October 17, 1991 issued by the Social Rehabilitation Center of
Ambato (dossier of annexes to the petition, annex 10, leaf 142).
32
Cfr. preliminary examination statement of October 18, 1992 given by Mr. Acosta Calderón before
the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leafs 146 and 147).
33
Cfr. brief of defense (undated) presented by Mr Acosta Calderón to the Criminal Judge of Lake Agrio
(dossier of annexes to the petition, annex 10, leaf 141).
34
Cfr. ruling of November 19, 1991 issued by the Criminal Judge of Lake Agrio (dossier of annexes to
the petition, annex 10, leaf 144).
35
Cfr. record of December 10, 1991 issued by the Criminal Prosecutor of Sucumbios (dossier of
annexes to the petition, annex 10, leaf 149).
36
Cfr. ruling of December 17, 1991 issued by the Criminal Judge of Lake Agrio (dossier of annexes to
the petition, annex 10, leaf 150).