60. Finally, in response to a question posed to Freddy Eloy Zambrano Quiñonez, he said that
on the day of the events they had not brought food on board the boat, because the permit
“was only for [forty-eight] hours,” added to the fact that “they did not [go] far from the coast”
and that they had left at 6:00 p.m. the previous day “after eating dinner.” 51
C.2. Declarations by the marines who participated in the military operation
as to what occurred
61. The three marines who participated in the anti-crime operation also testified before the
National Police in the context of the investigations carried out. 52 To this effect, they coincided
in indicating, in general terms, that on December 7, 1999, at approximately 8:00 p.m.,
members of the "Fishermen's Defense Committee" had reported that nine people aboard a
boat were robbing fishermen. They received an order to run a sting operation, so they left on
board a boat, with a helmsman appointed by the Committee. This happened at approximately
10:30 p.m. While patrolling in the sector known as “[L]a [Ho]bonera”, they spotted a boat
with nine people on board and with a red light. They approached up to a distance of two
hundred meters, proceeding to identify themselves as a Navy patrol. When they turned on the
light and the siren, the other boat took off at high speed and its occupants opened fire, so the
military repelled the attack. However, the boat managed to escape.
62. Later, after continuing with the patrolling, they went to another sector in which there
were approximately thirty boats. One of the occupants of the boats told them that moments
before, they had been chased by another boat, but had managed to escape. In response, the
marines went to the place where the incident apparently occurred, known as "Tonsupa," and
at approximately 1:30 a.m. they spotted two boats. When they were a hundred meters away,
they managed to notice that one of the boats had nine occupants. After turning on the light
and the siren and identifying themselves as members of the Navy, they were attacked with
gunfire. The two boats left in different directions. The military fired shots into the air and
ordered the boats to stop. They then chased the boat with nine occupants and fired shots at
the engine, injuring the helmsman. When said boat stopped, due to the impacts to the engine,
the agents boarded it and found that three people were wounded.
63. Immediately afterwards, they took off for Esmeraldas, towing the detained boat and
asked for the collaboration of other boats to transfer the people who were injured. During the
return trip, an unidentified boat chased them until they entered the port. Once there, at
approximately 2:55 a.m., they took the injured persons to the hospital, where one of the
doctors said that the helmsman had died, so they took the body to the municipal cemetery
morgue. Three of the occupants of the boat were arrested and, together with the boat, taken
to the Port Harbormaster. The marines described that visibility was difficult on the day of the
events and they agreed that they did not recognize the crew members of the other boat.
64. One of the Marines stated that they fired “approximately [six] shots into the air,” while
another stated that they fired “between [six] or [five] [shots] each into the air” and “[five]
[shots] each one” towards the engine of the boat named “Rodach.” The third marine reported
that they fired “about [six] shots at the engine.”
In his statement, Andrés Alejandro Casierra Quiñonez said that they did not bring food “because [they were
going] from one day to the next.” Cf. Testimony by Andrés Alejandro Casierra Quiñonez, given at a public hearing
before this Court.
52
Cf. Statement by G.F.E., rendered before the National Police on December 15, 1999, file No. 3098-PJ (evidence
file, volume I, annex 1.p to the Merits Report, folios 53 to 55); FEEZ statement, rendered before the National Police
on December 15, 1999, file No. 3098-PJ (evidence file, volume I, annex 1.q to the Merits Report, folios 57 to 59),
and J.A.C. statement, rendered before the National Police on December 15, 1999, file No. 3098-PJ (evidence file,
volume I, annex 1.q to the Merits Report, folios 60 to 63).
51
16