on May 18, 1993. Subsequently, on June 15, 1994, an order was issued to initiate military criminal proceedings against Mr. Grijalva and another defendant. 131. The CEV’s final report shows that Captain FM threatened and used coercive measures against several public agents and other persons in order to make them testify against Mr. Grijalva. 132. In this regard, one of the individuals who testified against Mr. Grijalva, Mr. FCh, subsequently made a voluntary statement, which was submitted to the Court of Law of the First Military Zone, in which he recounted that he appeared before the Naval Intelligence Service in Quito, where he was “subjected to severe investigations” and that “serious intimidation and irreversible psychological pressure” were “used” to force him to sign a previously prepared document against Mr. Grijalva Bueno. He recalled that he was asked in a threatening manner whether he “want[ed] this document [to be done] with blood or without blood” and, subsequently, they turned off the lights in the place where he was and began to knock on the walls, the door and the desk, warning him that he “was not getting out of there until [he] wrote the document.” A few days later, he was taken to SERINT in Quito, where he remained for approximately two weeks and where he was again subjected to “indirect psychological pressure, since [he] was completely ignored and […] every day he was interrogated by Captain [FM] and [Lieutenant DS], who constantly referred to the document that [he] was made to write.” He was also told to “prepare [himself] for when [he] was called to testify in Guayaquil and that in that statement [he] should remain firm with respect to the document and keep calm.”117 Finally, in his voluntary statement submitted to the judge of the First Naval Zone, FCh stated that he “retracted what [he] said in [his] initial statement drafted by the aforementioned members of Naval Intelligence Service, recognizing that [he] testified under severe coercive measures and irresistible psychological pressure applied by some negative elements among [his] superiors.”118 133. In addition, Mr. JL made a statement before the criminal judge of the First Naval Zone, in which he stated that the Inspector General of the Navy ordered him to form a commission composed of him as head of the Operational Auditing Department of the Inspector General’s Office of the Navy and two other chiefs, one from the Second and the other from the Third Department of COOPNA. The commission “had to comply with an instruction given by the Commander General of the Navy to travel to Puerto Bolívar in order to verify the facts described in a report presented by SERINT.” He argued that the content of the commission’s report “was the result of interviews conducted with crew members and civilian personnel and Lieutenant [T] as officer.” Furthermore, he indicated in his statement that “in preparing the report with its conclusions and recommendations, they [did] so […] pointing out that as regards the commission of crimes, what they indicated were presumptions and they were particularly concerned that this should be stated [;] [their] task was clear: to verify whether there were indeed allegations of irregularities [and] they verifi[ed] those allegations with the persons they interview[ed].” That is to say, “they verified that these were real facts […] that there were PRESUMPTIONS OF RESPONSIBILITY” (capital letters in the original). He added that what they wrote in the report “is not proof that, in fact, this was done; that task corresponds to the level of the court, or to the exercise of justice.” Finally, he said that the Inspectorate’s Report was prepared on October 30, 1992, although he also stated that the Inspectorate of the investigative commission produced two reports. The first one, “related to Captain Grijalva, which went to Quito, was the exclusive decision and Cf. Voluntary statement of FCh presented to the law judge of the First Naval Zone, November 2, 1998 (evidence file, folios 51 to 52). 118 Cf. Voluntary statement of FCh presented to the law judge of the First Naval Zone, supra. 117 34

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