48.
On March 24, 1997, the Military Criminal Judge of the First Aerial Zone ordered the
Director of Intelligence of the Ecuadorian Armed Forces to execute the indictment for the
preventive detention of Mr. Cortez. The judge stated, “this document shall have the effects
of a constitutional detention order.” 42
49.
Mr. Cortez was detained on July 11, 1997. He stated that eleven intelligence agents
carrying machine guns surprised him at a corner near his home and made him get in a vehicle,
taking him to an air base and later to a room in a place known as “Villa Avión.” 43 He remained
in solitary confinement for 17 or 19 days (infra para. 54). 44
50.
On July 14, 1997, the Intelligence Department communicated to the Military Criminal
Court of the First Aerial Zone that it was putting Mr. Cortez Espinoza under that court’s
authority. 45
51.
That same day, it issued a medical certificate showing that Mr. Gonzalo Cortez had
been given a psychological and physical exam, which found no signs of impairment or trauma
to any part of his body. 46
52.
On July 16, 1997, the Military Criminal Court of the First Aerial Zone issued a detention
order to the Commander of Transport Wing No. 11 to request that Mr. Cortez continue to be
detained at that location. It requested, through that document, that Mr. Cortez remain
“detained while certain procedures are carried out [...], after which the judge w[ould]
immediately order his transfer to the Provisional Detention Center of Pichincha [...] due to his
status as a civilian.” 47
53.
On July 30, 1997, Mr. Cortez gave his initial formal statement before the Military
Criminal Court of the First Aerial Zone. He stated that he had been detained in facilities of the
Intelligence Service since July 11, 1997, alleging, among other things, that before his
statement he had not been presented with a detention order or informed of the reasons for
his deprivation of liberty. 48
54.
Mr. Cortez would later explain the circumstances of his detention in more detail: “I
was in solitary confinement for 19 days[, d]uring which time they kept me awake by knocking
on my cell door all night long. The food they gave me had often been spit on, and I could not
Military Criminal Court of the First Aerial Zone, Decision 047-CM-2-0-97 of March 24, 1997 (evidence file,
annex 3 to the Merits Report, folio 38). On March 26, 1997, the Military Criminal Court issued more decisions: to
retain and block bank funds, to prohibit departure from the country, and to prohibit the transfer of real property (cf.
Military Criminal Court of the First Aerial Zone, Decisions 052-CM-2-0-97, 053-CM-2-0-97, and 054-CM-2-0-97, all
from March 26, 1997 (evidence file, annex 3 to the Merits Report, folios 41–43).
43
Statement of Mr. Cortez at the public hearing (supra para. 9) and statement of Mr. Cortez on March 8, 2012,
supra. In his statement before the Court, Mr. Cortez referred to several agents when he described the event, not
specifying a number, but he did specify the number in his March 8, 2012, statement. See also the witness testimony
of Galo Leonardo Guerrero Aguirre (evidence file, folios 1076–1079). The witness stated that Mr. Cortez was detained
at the Mariscal Sucre Air Base in a residential area known as “Villa Avión.”
44
The wife of Mr. Cortez stated that for the first few days of his deprivation of liberty, she received no news
about him, and that after 10 or 12 days a military member informed her unofficially that her spouse was detained.
So she went to the military court, where she was advised to seek legal assistance (evidence file, folios 1096–1098).
45
Ecuadorian Air Force, Department of Intelligence, Communication 085-eZ-2b-0-97 of July 14, 1997, sent to
the Military Criminal Court of the First Aerial Zone (evidence file, annex 3 to the Merits Report, folio 130).
46
Ministry of National Defense, Health Service of the Ecuadorian Armed Forces, Medical certificate of the Quito
Health Unit from July 14, 1997 (evidence file, annex 3 to the Merits Report, folio 131).
47
Military Criminal Court of the First Aerial Zone, Constitutional Detention Document 150-CM-2-0-97 of July
16, 1997 (evidence file, annex 3 to the Merits Report, folio 132).
48
Military Criminal Court of the First Aerial Zone, initial formal statement of Mr. Cortez in military criminal trial
03-97, received on July 30, 1997 (evidence file, annex 3 to the Merits Report, folios 134–136).
42
14