April 2006 he was promoted to District General and, subsequently, requested voluntary discharge.36 e) Leoncio Amílcar Ascázubi Albán was Administrative Secretary of the National Police General Command at the time of the facts. On April 7, 2006, he was promoted to District General and, on June 14, 2006, he was placed in reserve retirement by the National Police.37 f) Alfonso Patricio Vinueza Pánchez was Head of Mechanics of the National Police with the rank of Police Major until August 2000; subsequently, he was promoted to Staff Police Lieutenant Colonel. In 2009, he was placed in reserve retirement with the rank of colonel.38 C. Detention and prosecution of the presumed victims 43. On July 13, 2001, the Office of the Comptroller General (hereinafter “the Comptroller’s Office”) issued a report entitled “Indications of criminal responsibility from the special review of the administrative and financial operations of the National Police General Command” No. 32-DA.1-2001466 (hereinafter also “the report of the Comptroller’s Office” or “the report”), a review conducted for the period from January 1, 1998, to June 30, 2000. The report of the Comptroller’s Office identified the existence of irregularities in the procurement procedures for the acquisition of automotive spare parts and vehicle repairs conducted by the National Police General Command and named several individuals who were involved – including the presumed victims39 - regarding whom it concluded that the opening of a criminal investigation was justified for the offense of misappropriation of funds, defined as an offense in article 257 of the Criminal Code,40 and the offense of misrepresentation in private instruments, defined as an offense in article 340 of the same Code.41 Essentially, the report indicated the following: […] The Procurement Committee, based on information sent to it – that is, following an internal request, the opinion of the mechanic, and proformas from several commercial establishments, suppliers of spare parts – proceeded to select and award the purchases to TECMADIESEL GRUP, COTRANSA and DIJORMING, interrelated companies because they belonged to a single family group, avoiding healthy competition with other suppliers, so that they overpaid S/99,425,907 [sucres]; in addition, the companies that appear on the operation vouchers are different and the purchases were subdivided so that they were not subject to the Public Procurement Law. Facts based on which the perpetration of the offense defined in the third unnumbered paragraph added to articles 257 and 340 of the Criminal Code is presumed.42 44. The report of the Comptroller’s Office was forwarded to the prosecutor of the National Police Court of Justice on January 28, 2002.43 And, in compliance with his powers under article 58 of the 36 Cf. Affidavit made by Fernando Marcelo López Ortiz on February 9, 2021 (evidence file, fs. 3975 to 3999). 37 Cf. Affidavit made by Leoncio Amílcar Ascázubi Albán on February 9, 2021 (evidence file, fs. 4000 to 4016). 38 Cf. Affidavit made by Alfonso Patricio Vinueza Pánchez on February 9, 2021 (evidence file, fs. 4041 to 4067). Cf. Partial report on indications of criminal responsibility from the special review of the administrative and financial operations of the National Police General Command, No. 32-DA.1-2001-466 of the Office of the Comptroller General of July 13, 2001 (evidence file, fs. 42 to 62). 39 Article 257: “Public employees and anyone responsible for a public service who has abused of public or private money, of goods that represent this, vouchers, securities, documents or movable goods that were in their power due to their position shall be punished by long-term ordinary imprisonment of four to eight years; whether the abuse consists in embezzlement, misappropriation of funds, arbitrary disposal or any similar type of abuse […].” 1971 Criminal Code, published in the Supplement to Official Record No. 147 of January 22, 1971 (evidence file, fs. 3236 to 3397). The information cited is taken from this Criminal Code presented as evidence by the representative. 40 Article 340: “Anyone who […] commits the forgery of private instruments, with the exception of cheques, shall be punished with two to five years’ imprisonment.” 1971 Criminal Code, supra. 41 Partial report on indications of criminal responsibility from the special review of the administrative and financial operations of the National Police General Command, No. 32-DA.1-2001-466, supra. 42 Both the State and the representative indicated that on January 28, 2002, Report No. 32-DA.1-2001-466 was forwarded to the Prosecutor of the National Police Court of Justice. Cf. Communication No. 05802 of the Office of the Attorney General of the State of Ecuador of May 3, 2016 (evidence file, fs. 176 to 218), and Petition of the presumed victims before the Inter-American Commission of July 15, 2003 (evidence file, fs. 135 to 141). 43 13