Quiñonez, Jonny Jacinto Casierra Quiñonez, Orlando Olaya Sosa, Freddy Eloy Zambrano
Quiñonez, Cristian Jesús Sosa Quiñonez, and Jorge Olgin Ortiz Bone (supra paras. 53 to 60),
as well as the three soldiers who participated in the operation and the helmsman who
accompanied them on the day of the events (supra paras. 61 to 67). The statements were
also received from Shirley Lourdes Quiñonez Bone 59 and Carlos Enrique Escobar Triviño,
Calixto Saldarriaga Corral and Eddy Rene Montaño Jijon, who, in general terms, referred to
the fishing activities in which the Casierra Quiñonez brothers were engaged, and that on
December 7, 1999, they had seen them leave to go out fishing on a boat.60
73. On December 13, 1999, Ms. Shirley Lourdes Quiñonez Bone filed a complaint about the
facts before the Fifth Criminal Court of Atacames and Muisne (hereinafter, “the Fifth Criminal
Court”), referring both to the death of her brother Luis Eduardo, as well as to the injuries
caused to Andrés Alejandro and Sebastián Darlin, with the last names Casierra Quiñonez, and
to Cristian Jesús Sosa Quiñonez.61
E. Criminal proceedings initiated under the military and ordinary jurisdiction
74. Based on what happened, the Military Criminal Judge of the Third Naval Zone
(hereinafter, “the Military Criminal Judge”) ordered that criminal proceedings be initiated
against the marines involved, requesting information from a variety of agencies 62 and ordering
a series of procedures to be undertaken.63
75. On December 22, 1999, in accordance with the Military Criminal Judge's orders, an
“expert examination” was performed on the vessel used by the military, finding that it had
received “three projectile impacts […] located in the right side at the top of the bow. In the
same proceeding, when asked by the military judicial authority, two of the marines stated that
"they did not find any weapons" in the boat in which the Casierra Quiñonez brothers and their
companions were riding.64 Similarly, weeks later, an “expert examination of the military
clothing found on the [R]odach vessel” was carried out, finding “three items of clothing […]
Cf. Statement by Shirley Lourdes Quiñonez Bone, rendered before the National Police on December 14, 1999,
file No. 3098-PJ (evidence file, volume I, annex 1.e to the Merits Report, folios 14 and 15).
60
Cf. Statement by Eddy René Montaño Jijon, rendered before the National Police on December 15, 1999, file
No. 3098-PJ (evidence file, volume I, annex 1.d to the Merits Report, folios 11 and 12), statement by Calixto
Saldarriaga Corral, rendered before the National Police on December 15, 1999, file No. 3098-PJ (evidence file, volume
I, annex 1.f to the Merits Report, folios 19 and 20), and statement by Carlos Enrique Escobar Triviño, rendered before
the National Police on December 15, 1999, file No. 3098-PJ (evidence file, volume X, annex 14 to the answering brief,
folios 4732 and 4733).
61
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).
62
Cf. Note No. TERZON-JUZ-993-0, dated December 16, 1999, signed by the Military Criminal Judge of the Third
Naval Zone, file No. 003/99 (evidence file, volume X, annex 25 to the answering brief, folio 4764); official letter No.
TERZON-JUZ-988-0 of December 16, 1999, signed by the Military Criminal Judge of the Third Naval Zone, file No.
003/99 (evidence file, volume X, annex 26 to the answering brief, folio 4766); official letter No. TERZON-JUZ-989-0
of December 17, 1999, signed by the Military Criminal Judge of the Third Naval Zone, file No. 003/99 (evidence file,
volume X, annex 28 to the answering brief, folio 4770); official letter No. TERZON-JUZ-990-0 of December 17, 1999,
signed by the Military Criminal Judge of the Third Naval Zone, file No. 003/99 (evidence file, volume X, annex 29 to
the answering brief, folio 4772), and official letter No. TERZON-JUZ-998-0 of December 17, 1999, signed by the
Military Criminal Judge of the Third Naval Zone, file No. 003/99 (evidence file, volume X, annex 27 to the answering
brief, folio 4768).
63
Cf. Resolution issued by the Military Criminal Judge of the Third Naval Zone on December 20, 1999 (evidence
file, volume X, annex 30 to the answering brief, folios 4774 and 4775); decision issued by the Military Criminal Judge
of the Third Naval Zone on January 17, 2000 (evidence file, volume X, annex 32 to the answering brief, folios 4780
to 4782), and certificate of expert examination of the scene of the events of the January 25, 2000, ordered by the
Military Criminal Court of the Third Naval Zone (evidence file, volume X, annex 34 to the answering brief, folios 4786
and 4787).
64
Cf. Certificate of expert examination dated December 22, 1999 (evidence file, volume X, annex 31 to the
answering brief, folios 4777 and 4778).
59
18