31.
Officer Torres corroborated that statement when he said that when he had asked officer Carbo
about what had happened, he had answered "nothing happened and [he was] not going to file a report."25
On this matter, the IACHR takes note that there is no indication in the file that the police officers involved
filed an official report on what happened that day.
32.
According to the autopsy performed on Mr. Huacón's body, he had been hit by two bullets fired
from less than 80cm away (point-blank), one in the chin and the other in the upper third of his right thigh.
The autopsy stated that the cause of death was "severe hemorrhage."26
33.
As regards Mercedes Salazar, the autopsy showed three bullet wounds: one in the back of her neck
and two in the chest "fired from less than 80cm away (at point-blank range)."27 The autopsy stated that the
cause of her death was "severe hemorrhage."28
C.
Regarding proceedings under police criminal jurisdiction
34.
The Commission observes that it does not have the complete file on internal proceedings followed
in this case. That notwithstanding, the IACHR takes note of the arguments of the petitioner pointing out
that a complaint was filed with the ordinary criminal jurisdiction but that the case was referred to the police
jurisdiction.29 The IACHR does not have that complaint or the date on which it was filed. For its part, the
State did not contest that information. Nor did it provide any additional information on the subject.
35.
On April 1, 1997, the Provisional Head of the Criminal Investigation Office in Guayas sent an official
letter to the Head of the Brigade for Crimes against Persons, with instructions that "a detailed and
exhaustive investigation be carried out" into what happened.30
36.
Between April 2 and 3, 1997, police officers Mosquera, Ramos, and Torres, and Ms. Chancay and
Ms. Delgado made statements to the National Police of Ecuador. The details provided in their statements
were described in the foregoing section of this report.
37.
On April 3, 1997, the Head of the Brigade for Crimes against Persons issued a police report which
concluded that officer Carbo was "responsible for the death" of Mr. Huacón. That conclusion had been based
on testimony received and ballistic reports. That report added that, "on the night of the events, officer Carbo
[had] fled, and his whereabouts were currently unknown."
38.
In addition, the report stated that the bullet found in the back of Ms. Salazar's neck could have been
fired from the weapons used by officers Mosquera, Espinoza, and Ramírez. The report also pointed out that
CTG officers Espinoza and Ramírez had not appeared for statements to be taken and had not surrendered
their weapons for the corresponding ballistic tests.31
39.
On April 8, 1997, the Second Court of the Fourth District of the National Police began hearing the
case.32 The IACHR observes that an indictment was issued by the Second Lieutenant in the Police Justice
System, accusing officers Carbo, Espinoza, and Ramírez of ordinary homicide. No charges were brought
against officer Mosquera.33
40.
The Commission has no information about what happened between April 1997 and March 2000.
Statement by Carlos Julio Torres Reyes to the Ecuadorian National Police on April 3, 1997. Attached to the petitioner's initial petition
of October 15, 2002.
26 Report of the autopsy performed on Walter Gonzalo Huacón Baidal by forensic experts of the National Police in the Department of
Forensic Medicine, on April 1, 1997. Attached to the petitioner's initial petition of October 15, 2002.
27 Report of the autopsy performed on Mercedes Eugenia Salazar Cueva by forensic experts of the National Police in the Department
of Forensic Medicine, on April 1, 1997. Attached to the petitioner's initial petition of October 15, 2002.
28 Report of the autopsy performed on Mercedes Eugenia Salazar Cueva by forensic experts of the National Police in the Department
of Forensic Medicine, on April 1, 1997. Attached to the petitioner's initial petition of October 15, 2002.
29 Petitioners' initial petition of October 15, 2002.
30 Police report of the Provincial Police checked by the Head of the Crimes against Persons Brigade, April 3, 1997. Attached to the
petitioner's initial petition of October 15, 2002.
31 Police report of the Provincial Police checked by the Head of the Crimes against Persons Brigade, April 3, 1997. Attached to the
petitioner's initial petition of October 15, 2002.
32 Judgment of the Second Court of the Fourth District of the National Police, March 16, 2000. Attached to the petitioner's initial
petition of October 15, 2002.
33 Judgment of the Second Court of the Fourth District of the National Police, March 16, 2000. Attached to the petitioner's initial
petition of October 15, 2002.
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