Law on the Judicial Function of the National Police,44 and having analyzed the report of the Comptroller’s Office as well as other probative elements, in a brief of March 7, 2002, the police prosecutor concluded that “the goods procured under the contracts signed by the Police General Command, benefitting the companies COTRANSA, TECMADIESEL GROUP, DIJORMING and LLANTERA DEL PACÍFICO, were subdivided and the cost overvalued violating the provisions of article 64 of the Public Procurement Law” 45 relating to the prohibition to subdivide contracts (capital letters in the original). Consequently, in the same brief, the prosecutor asked the president of the NPCJ to issue an “order to initiate” proceedings against those who presumably had authorized the expenditure and the payment of the different acquisitions, in keeping with the information provided in the report of the Comptroller’s Office.46 45. On March 19, 2002, the president of the NPCJ issued an order to open proceedings against fourteen members of the National Police, including the six presumed victims. The president of the NPCJ indicated that, based on the report of the Comptroller’s Office, there were indications of the perpetration of the offense of misappropriation of funds established in paragraphs 3, 4 and 10 of article 222, and of offenses against police integrity established in articles 197.2 and 198 (supra para. 36), all of the Criminal Code of the National Police. He also established that those presumably implicated should have a public defender. 47 46. According to the State, on November 26, 2002, the president of the NPCJ declared that the preliminary investigation stage had concluded and asked the police prosecutor to issue his final report.48 47. On April 9, 2003, the prosecutor issued his report in which he charged two officers, including presumed victim Mr. Vinueza Pánchez, of the offense of misappropriation of funds established in article 222.3 of the Criminal Code of the National Police (supra para. 36). The police prosecutor abstained from charging the other individuals, including five of the presumed victims.49 48. On April 29, 2003, the President of the Republic at the time issued Executive Decree No. 357 based on articles 6950 and 7951 of the Organic Law of the National Police in which he appointed the Article 58. “The powers and duties of the prosecutor general are: […] 1. To issue a report prior to the legal orders issued by the courts. […] 2. To issue a report prior to the decision on the case files that are processed by the Service Rating Board […] 3. To have the right to speak and vote in the deliberations of this Board […], and 4. To require the judges and other officials and employees of justice to comply with their duties […].” 1960 Law on the Judicial Function of the National Police (evidence file, fs. 4297 to 4307). 44 Prosecutor’s report of March 7, 2002, signed by the prosecutor of the National Court of Justice of the National Police and addressed to the president of the Police Court of Justice (evidence file, fs. 2319 to 2324). 45 46 Cf. Prosecutor’s report of March 7, 2002, supra. Cf. National Court of Justice of the National Police, Case 36-PCJP-2002, order to open a trial of March 19, 2002 (evidence file, fs. 3442 to 3447). 47 Cf. Communication No. 14148 of the Office of the Attorney General of Ecuador of August 1, 2013 (evidence file, fs. 143 to 163). The order of November 26, 2002, of the president of the NPCJ is not included among the evidence; however, this information was not contested by either the representative or the Commission. 48 49 Cf. Final report of the prosecutor of the National Police Court of Justice of April 9, 2003 (evidence file, fs. 76 to 116). Article 69: “The National Police Court of Justice shall be composed of five judges, three of them must be general officers in reserve, of whom at least one must be a doctor of jurisprudence, and two doctors of jurisprudence who have worked as a lawyer with great probity or, as a member of the judicial function, or as a university lecturer for at least fifteen years; they shall be appointed by the President of the Republic, shall remain in office for two years and may be re-elected. To comply with this provision, the Police Commander General shall forward the President of the Republic the list of general officers in reserve. […].” Organic Law of the National Police, published in Official Record No. 368 of July 24, 1998 (evidence file, fs. 4309 to 4330). 50 Article 79: “As part of the administration of police justice, the Public Prosecution Service shall act through the prosecutor, district prosecutors and prosecution agents. The police prosecutor must meet the same requirements as the Prosecutor General; he shall be named by the President of the Republic from a slate provided by the Commander General, 51 14