asleep,43 provide him with a fuel container (a “poma”) that they carried on board, in order to fuel the boat. They stopped and, finding the lights on, another boat approached at high speed, without identifying itself, the one that had no "signals,” loudspeaker, or lights.44 55. According to Andrés Alejandro Casierra Quiñonez during the public hearing before this Court, at the time of the events “the night was very dark, because […] they fished in the waning moon […] [and] the waves were strong.”45 56. Thinking that they were "pirates," they turned off the lights, started the engine and tried to flee. In response, the occupants of the other boat fired at them repeatedly 46 (“in a flurry”47). One of the shells hit the engine, causing the boat to stop. 48 Next, the occupants of the other boat told them that they were members of “the [N]avy,” and asked them to transfer onto their boat. The bullets hit Andrés Alejandro in the leg, Sebastián Darlin in one of his hands, and Luis Eduardo died as a result of the shots.49 Cristian Jesús Sosa Quiñonez was injured in the knees when he hit the propeller of the boat's engine in his attempt to jump into the water. In such circumstances, they asked the soldiers to take them to Atacames, because it was closer than Esmeraldas. However, the navy personnel did not agree and took them to Esmeraldas, transferring the wounded men into a boat and asking for support from another boat to tow the boat on which the Casierra Quiñonez brothers and their companions had been traveling. 57. Upon arrival in Esmeraldas, the soldiers took the wounded to the hospital, where one of the doctors who treated them confirmed that Luis Eduardo Casierra Quiñonez had died, so the marines took the body to the morgue. Andrés Alejandro and Sebastián Darlin, with the last name Casierra Quiñonez, as well as Cristian Jesús Sosa Quiñonez, remained in the hospital. The military personnel arrested Orlando Olaya Sosa, Jorge Olgin Ortiz Bone, and Eguberto Padilla Caicedo, while Jonny Jacinto Casierra Quiñonez and Freddy Eloy Zambrano Quiñonez were released. 58. According to Jonny Jacinto Casierra Quiñonez, Orlando Olaya Sosa, Freddy Eloy Zambrano Quiñonez, and Jorge Olgin Ortiz Bone, the military personnel identified Luis Eduardo Casierra Quiñonez, remembering him from the time he did "the conscription" (military service), and they called him by the nickname "Asprilla.”50 59. Meanwhile, Sebastián Darlin Casierra Quiñonez, Freddy Eloy Zambrano Quiñonez, Orlando Olaya Sosa, and Jorge Olgin Ortiz Bone stated that on the day of the events they were carrying no firearms, only knives to repair the fishing nets, and, when asked, the first three said that the number of people in the boat on the day of the events was due to the size of the “loop” used for fishing. According to Andrés Alejandro Casierra Quiñonez's testimony at the public hearing, at that time, Freddy Eloy Zambrano Quiñonez, Cristian Jesús Sosa Quiñonez, and Eguberto Padilla Caicedo were asleep. 44 According to Sebastián Darlin Casierra Quiñonez, the crew members of the other boat had their faces "covered with ski masks." 45 Cf. Testimony by Andrés Alejandro Casierra Quiñonez, given at a public hearing before this Court. 46 According to Sebastián Darlin and Jonny Jacinto, with the last names Casierra Quiñonez, and Cristian Jesús Sosa Quiñonez, the crew members of the other boat fired shots as soon as they approached the boat they were on 47 Cf. Statement of 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). 48 According to Sebastián Darlin Casierra Quiñonez, Freddy Eloy Zambrano Quiñonez, and Jorge Olgin Ortiz Bone, the marines' boat collided with the boat in which they were traveling. Andrés Alejando Casierra Quiñonez made a statement to that same effect. Cf. Testimony by Andrés Alejandro Casierra Quiñonez, given at a public hearing before this Court. 49 Cf. Truth Commission Report. Volume IV: case reports, period 1989-2008. Ecuador, 2010, pp. 122 to 125 (evidence file, volume VII, annex 7 to the pleadings and motions brief, folios 3942 to 3945). 50 According to Andrés Alejandro Casierra Quiñonez, they were wearing military clothing on the boat “because [his] brother Luis […] [had performed] military service in the Navy.” Cf. Testimony by Andrés Alejandro Casierra Quiñonez, given at a public hearing before this Court. 43 15

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