A. The Casierra Quiñonez brothers and their family
47. At the time of the events, the brothers: Sebastián Darlin, who was born on July 3,
1967;31 Luis Eduardo, born on November 27, 1975;32 Andres Alejandro, born on June 26,
1978,33 and Jonny Jacinto, who was born on August 18, 1980,34 all with the surnames Casierra
Quiñonez, children of Ms. María Ingracia Quiñonez Bone35 and Mr. Cipriano Casierra Panezo,36
all lived in Atacames, Esmeraldas Province, Ecuador.
48. The Casierra Quiñonez brothers were fishermen, and to perform their fishing activities,
they used the boat owned by their sister, Shirley Lourdes Quiñonez Bone.37
B. The order of December 7, 1999, issued by the Port of Esmeraldas
Harbormaster
49. On December 7, 1999, in response to information provided by the “Association of the
Fishermen’s Committee” regarding “a fiberglass boat equipped with [two] motors […] [and
nine] pirates [on board] […] [who] commit[ed] robberies [of] fishing boats", ordered an "[anticrime operation]", for which, the Port of Esmeraldas Harbormaster, corresponding to the Third
Naval Zone of the Ecuadorian Navy,38 by official letter with reference number RAD-DIGMERDOP-P-222000ZNOV-99, ordered, inter alia:
S[ituation]: [i]n order to have a [n]aval presence and counteract the continuous assaults and robberies in
the [s]ea and [fishing] [p]ort by pirates[,] this [o]peration [will] be carried out to identify possible pirate
vessels and stop the rise in crime as much as possible.
M[ission]: [c]onduct riverine operations in the area of Esmeraldas's [c]oasts and in the [f]ishing [p]ort.
T[uesday] 07-[December]-99 [from] 22:00 [to] 02:00 [hours.] […]
G[oals]: [have a naval presence, collect information, and stop two-engine fiberglass boats] […] [that do
not have their documentation in order]. […]
Cf. Citizenship card corresponding to Sebastián Darlin Casierra Quiñonez (merits file, volume I, annex to the
brief of October 5, 2020, folio 149), and testimony of Sebastián Darlin Casierra Quiñonez, rendered before a notary
public (evidence file, volume XII, affidavits, folios 5280 and 5281).
32
Cf. Citizenship card corresponding to Luis Eduardo Casierra Quiñonez (evidence file, volume I, annex 1.a to
the Merits Report, folio 6).
33
Cf. Citizenship card corresponding to Andrés Alejandro Casierra Quiñonez (merits file, volume I, annex to the
brief of October 5, 2020, folio 88).
34
Cf. Citizenship card corresponding to Jonny Jacinto Casierra Quiñonez (merits file, volume I, annex to the brief
of October 5, 2020, folio 177), and testimony of Jonny Jacinto Casierra Quiñonez, rendered before notary public
(evidence file, volume XII, affidavits, folios 5291 and 5292).
35
Cf. Citizenship card of María Ingracia Quiñonez Bone (merits file, volume I, annex to the brief of October 5,
2020, folio 154)
36
Cf. Criminal record certificate of Cipriano Casierra Panezo (merits file, volume I, annex to the brief of October
5, 2020, folio 156)
37
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); testimony of
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), and 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).
38
Organic Law of the Armed Forces, published on September 28, 1990, and repealed by Law No. 74, published
on January 19, 2007 (evidence file, volume XIII, folios 11164 to 11185):
Article 6: The branches of the Armed Forces are: […] c) Forces: Land, Naval and Air; […].
Article 89: For administrative purposes and for the exercise of military criminal jurisdiction, the territory of
the Republic will be divided into the following Military Zones: Land, Naval and Air.
31
13