79. On August 29, 2005, the Prosecutor’s Office of Pichincha requested the Eighteenth Criminal Court of Pichincha to dismiss the complaint and archive it based on Article 38 of the Code of Criminal Procedure. 149 This, because, despite “having carried out all proceedings and investigations around the case, it was impossible to find the whereabouts of Mr. Guachalá.” 150 The State informed that Ms. Chimbó requested that the complaint not be dismissed. 151 80. On September 27, 2005, the Judge in charge ordered the transfer, for consultation, of the case file to the Minister Prosecutor Superior, with the objective of revoking or ratifying the requested dismissal. 152 On July 13, 20066 the Provincial Minister Prosecutor of Pichincha ratified the request for archival of the investigation. 153 In his resolution he stated the following: (…) this Prosecutor’s Office considers that there is no determination of the existence of any crime whatsoever, therefore the undersigned District Minister Prosecutor of Pichincha, ratifies the request of archival enhanced in order. 154 81. of the case. 155 2. On July 19, 2006, the Judge of the Eighteenth Criminal Court of Pichincha ordered the archival Administrative case file 82. On May 23, 2013 an investigation officer of the Judicial Police filed a report to the Provincial Prosecutor indicating that they carried out a work meeting with the objective of complementing the investigation activities of the present case. 156 The prosecutor referred said report to the Unit of Integral Attention to the Public with the objective of referring it to the Unit of Administrative Operations. 157 83. According to an official letter of Prosecutor Four of the Unit of Administrative Operations of Pichincha, of November 4, 2013, and August 19, 2013, it requested the case file about the disappearance of Mr. Guachalá. 158 The Prosecutor stated that he requested the National Police to “carry out the respective investigations” and to send a report about the proceedings undertaken within thirty days. 159 Likewise, the Prosecutor ordered that official letters be sent to several institutions, among the most relevant are the following: i) the NCB-INTERPOL (OCNI-INTERPOL) with the objective of issuing a “yellow notice of the missing person,” Mr. Guachalá; ii) the National Directorate of the Judicial Police and Investigations with the objective of certifying whether there were somewhere in the country unidentified cadavers that matched the characteristics of Mr. Guachalá; iii) the Ministry of Public Health with the objective of reporting whether Mr. Guachalá was tended or interned at any psychiatric hospital or shelter after January 2004. 160 In said letter, the Prosecutor stated that he was waiting for the requested information. Initial Petition. Communication of the State of May 20, 2016. Initial Petition. Communication of the State of May 20, 2016. 151 Communication of the State of May 20, 2016. 152 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 153 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 154 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 155 Communication of the State of May 20, 2016. 156 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 157 Annex 15. Letter of the Office of the Attorney General of the State, 21 March 2016. Annex 9 to the communication of the State of May 20, 2016. 158 Letter of Prosecutor 4 of the Unit of Administrative Operations of Pichincha, 4 November 2013. Annex to the communication of the State of January 7, 2015. 159 Letter of Prosecutor 4 of the Unit of Administrative Operations of Pichincha, 4 November 2013. Annex to the communication of the State of January 7, 2015. 160 Letter of Prosecutor 4 of the Unit of Administrative Operations of Pichincha, 4 November 2013. Annex to the communication of the State of January 7, 2015. 149 150 13