59. On November 12, 1999, the Court of Military Justice, in response to an appeal filed by Mr. Cortez against the November 23, 1998, decision, declared all actions previously taken against him null and void due to his status as a civilian. It ordered that certified copies of all the records be sent to the appropriate judicial body. 57 E. Facts related to the third detention of Mr. Cortez and actions within ordinary courts 60. On January 11, 2000, the Criminal Court of the First Aerial Zone sent certified copies of the military trial records to the Case Assignment Division of the Superior Court of Justice of Quito. 58 61. On January 28, 2000, the Third Criminal Court of Pichincha indicted Mr. Cortez, ordering his arrest and pretrial detention “as all the requirements of Article 177 of the Code of Criminal Procedure have been met” (supra para. 41). 59 62. On February 28, 2000, Mr. Cortez’s bail money (supra para. 57) was returned to him. 60 63. Mr. Cortez was apprehended that same day. 61 He described the events as follows: [O]n February 28, 2000, I decided to go to the first aerial zone to get my bail money back, and I went without my attorney [...]. While I was withdrawing the bail money, the [...] intelligence chief of the First Aerial Zone came to me with two sergeants and told me that he had a detention order from the Third Criminal Judge [...]. The order said the detention was to be carried out by the National Police, not by a member of the military. However[,] he forced me to go with him to the military intelligence office. [Later] he sent me with two sergeants to the Judicial Police. When we got there, the guard decided not to accept the detention because the intelligence agent had given him a photocopy of the order, and he told me that I was free to go. Then the sergeant pointed his gun at me and took me in the vehicle to the Quito Regiment [...] where he asked for a military police member. That member was called and proceeded to register me as a delinquent. Then a police report was drawn up under the assumption that I had voluntarily turned myself in, and I was sent in a patrol car to the Provisional Detention Center. [...] I was put in the Detention Center, and after three days I was shown the original detention order; I had been detained without an original order. 62 64. The Chief of the Judicial Police of Pichincha informed the Third Criminal Judge of Pichincha on February 29, 2000, of the detention of Mr. Cortez. 63 57 Court of Military Justice, Order of November 12, 1999, concerning military criminal trial 03-97 (evidence file, annex XXII to the answering brief, folios 1034 and 1035). In declaring the prior actions null and void, the order did not expressly note the civilian status of Mr. Cortez; rather, it mentioned provisions of the Code of Military Criminal Procedure. The State, the representatives, and the Commission—in the answering brief, pleadings and motions brief, and Merits Report respectively—are in agreement that Mr. Cortez’s civilian status was the reason for that declaration. Moreover, though the representatives stated that the military criminal trial “remained open until 2011” and “was dismissed” in 2020, they supported that statement with reference to actions that noted the expiration of the statute of limitations of the actions taken against Mr. Cortez and others and ordered that the proceedings be closed (infra footnote 72). The Court has no information indicating the existence of actions within the military justice system aimed at the criminal prosecution of Mr. Cortez after 1999. 58 Ministry of National Defense, Ecuadorian Air Force, Criminal Court of the First Aerial Zone, File No. 012-ABB-0-2000 of January 12, 2000 (evidence file, annex 3 to the Merits Report, folio 266). 59 Indictment of January 28, 2000, and Arrest warrant of January 28, 2000, by the judge in charge (evidence file, proceeding before the Commission, folios 367–369 and 370, respectively). The indictment was undated. The parties and the Commission, however, stated that it was issued on January 28, 2000. 60 Cf. Ecuadorian Air Force, Air Transport Command, Department of Finance, Certificate of bail return to Mr. Cortez on March 22, 2000 (evidence file, annex 10 to the Merits Report, folio 295). 61 Cf. Intake certification at the Men's Social Rehabilitation Center of Quito issued March 20, 2000 (evidence file, proceeding before the Commission, folio 346). 62 Statement made on March 8, 2012, supra. 63 Cf. National Police of Ecuador, Chief of the Judicial Police of Pichincha, Record No. 2987-PJP of February 29, 2000 (evidence file, annex XXVII to the answering brief, folio 1053). 16