81. On the same day, February 22, 2000, the Fifth Criminal Judge refrained from hearing the criminal proceeding and ordered the proceedings to be referred to the Military Criminal Judge.72 82. In an Order dated February 29, 2000, the Military Criminal Judge “ratified the legality of recusal by” the Fifth Criminal Judge, “because he did not have jurisdiction, due to the military jurisdiction of the defendants,” and ordered that the military criminal process continue.73 To this effect, among other regulations, he cited articles 183 and 187 of the Constitution,74 1 and 2 of the Code of Military Criminal Procedure,75 both regulations that were in force at the time of the events. 83. On March 1, 2000, the Military Criminal Judge expanded upon the Resolution of February 29 of the same year (supra para 82), recusing himself from continuing to hear the case regarding the helmsman who accompanied the soldiers on the day of the events, because said person “was not an active duty member of the Armed Forces.” Consequently, he ordered that the proceedings be forwarded to the Fifth Criminal Judge “so that he [would] prosecute [the criminal case before the ordinary jurisdiction] only against,” said person.76 84. On March 4, 2000, considering that "the procedural acts ordered in the preliminary stage had been complied with,” the Military Criminal Judge ordered "the process be elevated" to the Judge of the Third Naval Zone to “continue processing the case. ”77 85. On March 29, 2000, Ms. Narcisa de Jesús Casierra Quiñonez filed a “private accusation” brief against the soldiers, indicating that she was acting “as a sister” of Luis Eduardo and Andrés Alejandro, and requested that various procedures be performed. 78 The Judge of the Third Naval Zone denied the request, a decision which was challenged by Ms. Casierra Quiñonez.79 In view of this, the aforementioned military judicial authority issued an Order on April 10, 2000, where it "reiterated that, in accordance with the regulations applicable to military criminal proceedings," the request "[was] not appropriate." 80 Cf. Resolution issued by the Fifth Criminal Judge of Atacames and Muisne on February 22, 2000 (evidence file, volume I, annex 1.v to the Merits Report, folio 73). 73 Cf. Resolution issued by the Military Criminal Judge of the Third Naval Zone on February 29, 2000 (evidence file, volume X, annex 23 to the answering brief, folios 4756 and 4757). 74 Political Constitution of the Republic of Ecuador, published on August 11, 1998, and repealed by the Constitution of the Republic of Ecuador of 2008 (evidence file, volume XIII, folios 11102 to 11162): Article 183: The public forces will be made up of the Armed Forces and the National Police. […] Article 187: Members of the public forces will be subject to special jurisdiction when it comes to judging infractions committed in the exercise of their professional duties. Common offenses will be subject to ordinary justice. 75 Code of Military Criminal Procedure, published on November 6, 1961 and repealed by Law No. 0, published on March 9, 2009 (evidence file, volume XIII, folios 11243 to 11269): Article 1: The military criminal jurisdiction is established by Law, and is implemented by military courts. Article 2: This jurisdiction includes: a) The power to investigate offenses committed by members of the Armed Forces, sanctioned by the Military Penal Code and by other laws on the matter, provided that these infractions are of a military nature. Those of a common nature correspond to the judges and common courts; and, b) To judge them and enforce the rulings. 76 Cf. Order issued by the Military Criminal Judge of the Third Naval Zone on March 1, 2000 (evidence file, volume I, annex 1.w to the Merits Report, folios 75 and 76). 77 Cf. Resolution issued by the Military Criminal Judge of the Third Naval Zone on March 04, 2000 (evidence file, volume X, annex 36 to the answering brief, folio 4791). 78 Cf. Brief presented on March 29, 2000 by Narcisa de Jesús Casierra Quiñonez, before the Military Criminal Judge of the Third Naval Zone (evidence file, volume X, annex 37 to the answering brief, folios 4793 to 4796). 79 Cf. Brief presented on April 7, 2000 by Narcisa de Jesús Casierra Quiñonez, before the Military Criminal Judge of the Third Naval Zone (evidence file, volume X, annex 38 to the answering brief, folios 4798 and 4799). 80 Cf. Resolution issued by the Judge of the Third Naval Zone on April 10, 2000 (evidence file, volume X, annex 39 to the answering brief, folios 4801 and 4801). 72 20