the judge a quo and ordered the accused’ preventive detention. On January
5, 2004, the Judicial Police were allegedly ordered to take the accused into
preventive custody. The petitioners contend that to this day, that arrest
warrant has never been carried out.
15.
They contend that on October 13, 2003, the alleged victim’s mother
filed a specific charge against the assistant principal during the criminal case,
accusing him of rape and instigation to commit suicide. The petitioners allege,
however, that the order binding the accused over for trial made no reference
to the mother’s accusation, and focused instead only on the crime of sexual
harassment, thereby minimizing the severity of what had happened. The
alleged victim’s mother filed a petition for recusal against the Twentieth
Criminal Judge of Guayas on November 11, 2003; and on May 4, 2004 that
judge was finally removed from the criminal case.
16.
The petitioners state that on August 23, 2004, definitive orders for
trial and arrest were issued against the accused. They assert that to date, the
assistant principal has not been made to appear for trial and there is no
evidence that the accused has paid the bond necessary for him to remain free
during the proceedings. They further allege that the order for trial was
suspended until he was taken into custody or had voluntarily surrendered. On
September 22, 2004, the accused filed appeals and petitions seeking
nullification of the order binding him over for trial, on the grounds that it was
in violation of the procedure provided by law. On September 2, 2005, the
Superior Court dismissed the appeal –thereby confirming the order binding
the accused over for trial. The Superior Court also amended the indictment
on the grounds that the criminal offense was aggravated statutory rape, not
sexual harassment.
17.
As for the administrative proceeding, the petitioners observe that the
alleged victim’s mother filed a complaint with the Office of the Regional Under
Secretary for Education, accusing the assistant principal of sexual
harassment. They contend that on January 21, 2003, the case was referred
to the Guayas Office of the Provincial Director of Education, which issued a
report on January 23, 2003 in which it concludes that the alleged victim was
in love with the assistant principal, but there was no way of knowing whether
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