The statement does not contain the signature of a defense attorney. The official document on that preliminary
statement indicates that Mr. Montesinos stated that he worked as the supervisor of a property called El Prado
and knew Mr. Reyes Torres. He claimed that a couple of weeks before his arrest, two individuals who
identified themselves as acquaintances of the wife of Mr. Reyes Torres, entered his home with several
weapons and asked him to keep them for a few days.21
33.
The petitioner indicated that, after giving his statement, Mr. Montesinos realized that the
document “contained some changed and enhanced parts.” He claimed that the alleged victim was told to sign
the document and not to worry since “you are innocent.”22
34.
On July 12, 1992, Mr. Montesinos gave a new statement to three prosecutors from the Public
Prosecution Ministry and four police investigators.23 The petitioner alleged that Mr. Montesinos also did not
have a defense attorney present when giving that statement. The State did not contest that assertion. The
statement does not contain the signature of a defense attorney. The official document on that preliminary
statement indicates that Mr. Montesinos stated that when he took possession of the weapons from the
unknown individuals, he asked them to sign an affidavit of liability, but that they never did.
35.
The petitioner indicated that the alleged victim’s statement was taken between 2:00 and
4:00 a.m. amid “constant threats and intimidation” and that Mr. Montesinos was forced to sign the
document.24
36.
The petitioner stated that on July 23, 1992, 25 members of the National Police Response and
Rescue Group beat Mr. Montesinos and other detainees while they were out in the yard of the detention
center known as Regimiento Quito No. 2. He added that that same day, the alleged victim was transferred to
the Men’s Social Rehabilitation Center No. 1 in Quito and that during the ride, his eyes and mouth were taped,
and his hands were bound behind his back. The petitioner indicated that once Mr. Montesinos arrived at that
prison, he was held incommunicado and in solitary confinement for eight days in a cell without access to
anyone. He added that the alleged victim was given food under the door, without any utensils or toiletries,
and that they banged hard on his door.25
37.
The State did not provide any documentation to disprove that Mr. Montesinos was held
incommunicado.
38.
The IACHR takes note that there is a July 11, 1992 order for remand into custody issued by
the Pichincha Police Commissioner, which ordered the Director of the Men’s Social Rehabilitation Center in
the city of Quito to keep Mario Montesinos, among others, in custody. 26 The order indicates that
Mr. Montesinos was being prosecuted for the crime of conversion and transfer of assets.27 The IACHR notes
that the order does not indicate the reasons for which the alleged victim was placed in pretrial detention. The
Commission also takes note that the petitioner claimed that that order was really issued on July 31, 1992.
21 Statement by Mr. Mario Alfonso Montesinos Mejía, taken by the National Investigations Bureau, Command/Sub-Command of
Interpol-Pichincha. Part of Case P1-142-JPEIP-CP-1-92 and Report No. 080-JPEIP-CP-1-92. Given on June 25, 1992.
22 Communication from the petitioner from August 30, 1996.
23 Although the initial part of the statement makes clear that it was given on July 12, 1992, the transcript of the victim’s
declaration stipulates that the statement was made on June 12, 1992. However, based on what the petitioner indicated in the petition and
on the report submitted to the Chief of the Office of Criminal Investigation, the Commission concluded that document was signed on
July 12, 1992 because the alleged victim was not in custody on June 12, 1992.
24 Communication from the petitioner from August 30, 1996.
25 Communication from the petitioner from August 30, 1996.
26 Constitutional Order to Remand into Custody No. 172- IGPP-04 issued in Quito on July 11, 1992 by Fernando Almeida
Gallardo, Police Commissioner of Pichincha.
27 Constitutional Order to Remand into Custody No. 172- IGPP-04 issued in Quito on July 11, 1992 by Fernando Almeida
Gallardo, Police Commissioner of Pichincha.
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