used exclusively by Armed Forces personnel.” 65 76. On January 18, 2000, the Military Criminal Judge sent an official letter to the Fifth Criminal Judge “so that [,] if a criminal case had been initiated, he [would] forward all proceedings […], [re]lating to the death of Luis C[asierra] Quiñ[o]nez and [the] injuries to […] Andrés C[asierra] Quiñ[o]nez.”66 77. Meanwhile, the Fifth Criminal Judge, by virtue of the complaint and a private accusation filed by Shirley Lourdes Quiñonez Bone, as well as the investigation procedures carried out regarding the facts (supra paras. 68, 71 and 72), on January 20, 2000, he issued the “[order to begin the criminal proceedings and ordered the investigative phase against]” the three marines and the helmsman who accompanied them on the day of the events. To that effect, the judge ordered a number of procedures to be performed. 67 78. On February 10, 2000, as ordered by the Fifth Criminal Judge, the "physical evidence examination" was carried out, finding that the vessel called "Rodach," located in the Port of Esmeraldas Harbormaster's facilities, presented the following: in the bow [four] holes, above the cabin [four] holes, inside the cabin [seven] holes, blood stains, […] [i]n the net board one hole, […] [e ]n the second board of the same loop [five] holes, on the engine mirror [seven] holes, on the engine mirror [twelve] holes, on the engine hood [four] holes[,] [ in] the engine automatic [one] hole, inside the engine [t]ray [one] hole, in the carburetor [two] holes [and] in the motor arm one hole […].68 79. As to the request of January 18, 2000, made by the Military Criminal Judge (supra para 76), the Fifth Criminal Judge ordered that the Chief of the Third Naval Zone of Esmeraldas inform him about the functions that the three marines were performing on December 7 and 8, 1999.69 In view of this, on February 10, 2000, the Port of Esmeraldas Harbormaster responded, informing that said soldiers "were performing acts of service, carrying out an [anticrime] operation," forwarding on a copy of the respective order. 70 80. Subsequently, the Fifth Criminal Judge sent an official letter to the Port of Esmeraldas Harbormaster, requesting that the three marines involved in the events come to "give their investigative testimony" as part of the criminal process instructed by the ordinary jurisdiction. In light of this, the Port Harbormaster sent an official letter dated February 22, 2000, reporting that the marines were "active service members of the [National] Navy" and that, by virtue of this, the Military Criminal Judge had established the respective process “because of the military jurisdiction that applied to [them],” so said persons “would come forward only within [said] case before their specific [j]udge.” In turn, the Port of Esmeraldas Harbormaster reminded the Fifth Criminal Judge that the Military Criminal Judge had required him to “asbt[ain] from processing the [criminal] trial” and that he “send all the proceedings,” “demanding that this order be fulfilled.”71 Cf. Certificate of expert examination of garments dated January 21, 2000 (evidence file, volume X, annex 33 to the answering brief, folio 4784). 66 Cf. Note No. TERZON-JUZ-043-0 of January 18, 2000, signed by the Military Criminal Judge of the Third Naval Zone (evidence file, volume X, annex 17 to the answering brief, folio 4741). 67 Cf. Decision issued by the Fifth Criminal Judge of Atacames and Muisne on January 20, 2000 (evidence file, volume X, annex 18 to the answering brief, folios 4743 to 4745). 68 Cf. Certificate of recognition of physical evidence of February 10, 2000 (evidence file, volume I, annex 1.s to the Merits Report, folios 67 and 68). In the same procedure, it was recorded that there was another boat in the area that had “[two] holes in the [top]” and “one hole in the hold door.” 69 Cf. Resolution issued by the Fifth Criminal Judge of Atacames and Muisne on February 8, 2000 (evidence file, volume X, annex 19 to the answering brief, folio 4747). 70 Cf. Note No. CAPESM-JUR-123-O of February 10, 2000 issued by the Port of Esmeraldas Harbormaster (evidence file, volume X, annex 21 to the answering brief, folio 4752). 71 Cf. Note No. CAPESM-JUR-144-O of February 22, 2000 issued by the Port of Esmeraldas Harbormaster (evidence file, volume I, annex 1.u to the Merits Report, folios 70 and 71). 65 19