18 98. On January 14, 1993 the First Court of the First National Police District, part of police jurisdiction, issued a new order setting the matter for trial against the accused, and asked the ordinary court judge to decline jurisdiction in the case and to desist from any further consideration of the case46. 99. On January 29, 1993 the Third Criminal Tribunal of Esmeraldas declared itself inhibited to continue knowing of this cause and ordered to send these proceedings to the Police Justice47, based on article 455.1 of the Criminal procedure Code that established jurisdiction over crimes committed by the armed forces and that mentions that when dealing with crimes committed by members of the armed forces in active service, in the exercise of their specific functions or during this service, they will be known and prosecuted by the specialized judges, in accordance with the Military Criminal Code and the Procedural Criminal Military Code, the National Police Criminal Code and the National Police Procedural Criminal Code. 100. The same court issued a decision on February 4, 1993 in which it ordered the case file sent to the higher court for a ruling on the issue of jurisdiction48. The Sixth Chamber of the Superior Court described the proceedings in the Third Criminal Court of Esmeraldas as follows: [..] Without any review and based solely on the transcript prepared for him pursuant, he says, to Article 455 of the Code of Criminal Procedure, the third criminal judge of Esmeraldas declines jurisdiction, excuses himself from further consideration of the case and then orders all the proceedings sent to the First Judge of the First National Police District. At page 98, plaintiff Vicenta Ibarra Ponce asks that the measure be rescinded. Without even issuing a decision on her request, the judge in question issues a court order on February 4, 1993, in which he switches his position and states the following: “… In keeping with Article 865 of the Code of Civil Procedure, 49 all the proceedings are hereby sent to the Superior Court to decide the jurisdictional issue […]. 101. On March 25, 1993, the Esmeraldas Superior Court remanded the case to the Third Criminal Court so that the case file might be handed over in the “legal manner” prescribed in paragraph 7 of Article 23 of the Organic Law of the Judicial Function.50 102. On April 19, 1993, the Third Criminal Court of Esmeraldas sent the case file to the Quito Superior Court for a ruling on the jurisdictional issue.51 103. On October 4, 1993, after analyzing the jurisdiction-related arguments entered by the Third Criminal Court of Esmeraldas, the Quito Superior Court ruled that there was no jurisdictional issue 46 Appendix 24. Official Letter from the First Court of the First National Police District to the Judge of Esmeraldas Third Criminal Court (Attachment to the petitioners’ brief of June 19, 2009). 47 Appendix 24. Official Letter from the First Court of the First National Police District to the Judge of Esmeraldas Third Criminal Court (Attachment to the petitioners’ brief of June 19, 2009). 48 Appendix 25. October 4, 1993 decision of the Quito Superior Court (Attachment to the petitioner’s brief of June 19, 49 Appendix 25. October 4, 1993 decision of the Quito Superior Court (Attachment to the petitioner’s brief of June 19, 50 Appendix 26. Order from the Esmeraldas Superior Court (Attachment to the petitioner’s brief of June 19, 2009). 51 Appendix 25. October 4, 1993 decision of the Quito Superior Court (Attachment to the petitioner’s brief of June 19, 2009). 2009). 2009).