P[rocedures]: [sound the siren;] [turn on the police light;] [identify oneself as a maritime police officer;]
[in case of any issue, shout loudly;] [in case of imminent threat shoot into the air, and] [in case of attack,
repel the attack].39
50. To this effect, three marines were commissioned, members of the Ecuadorian Navy
(hereinafter also "military personnel" or "marines"), who were provided with, among other
things, a "Civil Defense" vessel,” rifles, bulletproof vests, and a communication device. They
were also accompanied by a “civilian helmsman,” who manned the boat.40
C. The events that occurred on December 8, 1999
51. On December 7, 1999, at approximately 6:00 p.m., the brothers Sebastián Darlin, Luis
Eduardo, Andrés Alejandro and Jonny Jacinto, with the last names Casierra Quiñonez, left
Puerto Prado, on the Atacames River, aboard the boat by the name of “Rodach,” owned by
their sister, Shirley Lourdes Quiñonez Bone, with the intention of going fishing. The Casierra
Quiñonez brothers were accompanied on the same boat by Orlando Olaya Sosa, Freddy Eloy
Zambrano Quiñonez, Cristian Jesús Sosa Quiñonez, Jorge Olgin Ortiz Bone, and Eguberto
Padilla Caicedo.41
52. On December 8, 1999, at approximately 1:30 a.m., an incident occurred as part of the
“anti-crime operation” carried out by the marines of the Ecuadorian Navy, resulting in the
death of Luis Eduardo Casierra Quiñonez and injury of his brothers, Andrés Alejandro and
Sebastián Darlin. The circumstances under which said incident allegedly occurred are in
dispute, as detailed below.
C.1. Testimony by the Casierra Quiñonez brothers and their companions as
to what occurred
53. Brothers Sebastián Darlin and Jonny Jacinto, with the last names Casierra Quiñonez, as
well as Messrs. Orlando Olaya Sosa, Freddy Eloy Zambrano Quiñonez, Cristian Jesús Sosa
Quiñonez, and Jorge Olgin Ortiz Bone, during the investigation, provided statements to the
National Police about what happened.42
54. In general terms, the declarants all stated that while they were traveling "on the high
seas," off the coast of Atacames, after more than seven hours of travel, Luis Eduardo Casierra
Quiñonez, who was driving the boat, requested that his companions, some of whom were
Cf. Note No. RAD-DIGMER-DOP-P-222000ZNOV-99 of December 7, 1999 issued by the Port of Esmeraldas
Harbormaster (evidence file, volume I, annex 1.h to the Merits Report, folios 29 and 30).
40
Cf. Letter No. CAPESM-1116-O of December 8, 1999 issued by the Port of Esmeraldas Harbormaster (evidence
file, volume X, annex 1 to the answering brief, folios 4687 and 4688); Order issued by the Judge of the Third Naval
Zone on May 24, 2000 (evidence file, volume I, annex 4 to the Merits Report, folio 88), and J.A.C. testimony, given
before the National Police on May 15, December 1999, file No. 3098-P.J. (evidence file, volume I, annex 1.q to the
Merits Report, folio 61).
41
Cf. Complaint filed by Shirley Lourdes Quiñonez Bone before the Fifth Criminal Judge of Atacames and Muisne
on December 13, 1999 (evidence file, volume X, annex 8 to the answering brief, folios 4714 to 4716), and testimony
of Shirley Lourdes Quiñonez Bone, rendered before the National Police on December 14, 1999, file No. 3098-P.J.
(evidence file, volume I, annex 1.e to the Merits Report, folios 14 and 15).
42
Cf. Statement by Sebastián Darlin Casierra Quiñonez, rendered before the National Police on December 13,
1999, file No. 3098-99-PJE (evidence file, volume I, annex 1.j to the Merits Report, folios 32 and 33); statement of
Jonny Jacinto Casierra Quiñonez, rendered before the National Police on December 13, 1999, file No. 3098-PJ-E
(evidence file, volume I, annex 1.g to the Merits Report, folios 26 and 27); statement of Orlando Olaya Sosa, rendered
before the National Police on December 14, 1999, file No. 3098-P.J. (evidence file, volume I, annex 1.g to the Merits
Report, folios 22 and 23); statement of Freddy Eloy Zambrano Quiñonez, given before the National Police on
December 13, 1999, file No. 3098-P.J.-E (evidence file, volume I, annex 1.g to the Merits Report, folios 24 and 25);
statement of Cristian Jesús Sosa Quiñonez, given before the National Police on December 13, 1999, file No. 3098P.J. (evidence file, volume I, annex 1.j to the Merits Report, folio 36), and statement by Jorge Olgin Ortiz Bone,
rendered before the National Police on December 13, 1999, file No. 3098-PJ-E (evidence file, volume I, annex 1.j to
the Merits Report, folios 34 and 35).
39
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