17
50(30) On January 24, 1992 Mr. Acosta Calderón’s defense presented a brief to
the Judge of Criminal Matters of Lake Agrio, through which they stated that he
continued to be imprisoned despite the lack of requirements for preventive
detention included in Article 177 of the Code of Criminal Procedures, since there
was not any evidence that established the existence of any infraction on his
part. Therefore, they requested that the preliminary proceedings be declared as
concluded and that the order of detention against him be revoked.37
50(31) On January 31, 1992 the Criminal Judge of Lake Agrio insisted that what
was ordered in his official letter of December 17, 1991 (supra para. 50(29)) be
complied with.38
50(32) On March 27, 1992 Mr. Acosta Calderón’s defense presented a writ to
the Criminal Judge of Lake Agrio through which they reiterated their request
that the preliminary proceedings be concluded, since Mr. Acosta Calderón had
been in prison for more than three years, without this procedural stage having
finished.39 On that same day the Criminal Judge of Lake Agrio insisted to the
Secretary of that Court that what had been ordered in his official letters of of
December 17, 1991 (supra para. 50(29)) and January 31, 1992 (supra para.
50(31)) be complied with.40
50(33) On May 25, 1993 the Court of Criminal Matters of Lake Agrio requested
that the Health Director of the Province of Napo present certified copies of the
official letters of delivery and receipt of the seized drug.41
50(34) On July 1, 1993 Mr. Acosta Calderón’s defense counsel presented a brief
to the Judge of Criminal Matters of Lake Agrio, through which he reiterated that
he was still imprisoned, despite the lack of evidence of any drug in his cause,
due to the negligence of one of the previous secretaries of the Court of Criminal
Matters of Lake Agrio. He also requested that the preliminary proceedings be
concluded, since it had already lasted years without the cause being
substantiated, and that the arrest warrant be revoked.42
50(35) On July 15, 1993 the Judge of Criminal Matters of Lake Agrio ordered
that the Prosecutor issue his opinion on the closing of the preliminary
proceedings. He also decided that the reversal of the arrest warrant did not
37
Cfr. brief of defense of January 24, 1992 presented by Mr Acosta Calderón to the Judge of Criminal
Matters of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 154).
38
Cfr. ruling of January 31, 1992 issued by the Criminal Judge of Lake Agrio (dossier of annexes to
the petition, annex 10, leaf 155).
39
Cfr. brief of defense of March 27, 1992 presented by Mr Acosta Calderón to the Judge of Criminal
Matters of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 156).
40
Cfr. ruling of May 27, 1992 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the
petition, annex 10, leaf 157).
41
Cfr. official letter of May 25, 1993 addressed by the Judge of Criminal Matters of Lake Agrio to the
Health Director of the Province of Napo (dossier of annexes to the petition, annex 10, leaf 165).
42
Cfr. brief of defense of July 1, 1993 presented by Mr Acosta Calderón to the Judge of Criminal
Matters of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 166).