[…] She showed me a pregnancy test and told me the test was hers and also, her name was on
the test. She told me she was pregnant by Vice Principal Bolívar Espín Zurita […] the attorney
for the complainant asks the deponent. – P1.– Were you at any time pressured by school
authorities to not provide testimony in this case? – We were pressured by the president of the
teachers Association, Oswaldo Terrero. He told us we had to sign a blank sheet in support of
school leadership, that is, the vice principal. – P2. What was the injection for that was
supposedly to be given to the young woman who is now deceased? – R.– For an abortion […].39
56.
On January 16, 2003, Paola's father asked the Criminal Prosecutor to broaden the
investigation into Bolívar Espín to include "intimidation, seduction, deception, false promises, and rape," and
asked that the person in charge of the school be ordered to “punish anyone who intimidates or threatens any
student, for any reason […]." He also asked the school principal to be summoned to testify "because he has
threatened students at the school and told them not to say anything...." He also asked "the doctors be ordered
to expand their forensic medical report." 40 For her part, Petita Albarracín asked on January 22 that a
handwriting test be conducted of the three letters that Paola left and that the statements of several students at
the school be taken.41 On January 27, Paola's father asked that a blood test be conducted of the sample obtained
from Paola's body to verify if she was pregnant at the time of her death.42
57.
The case file includes several briefs from mothers of students at the school dated between
January and February 2003 stating that the Criminal Prosecutor "cannot take any statements from the minors
who, in most cases, were only classmates. They therefore cannot know the reasons for which the deceased
minor committed suicide.43 The briefs were identical and they question why Ms. Albarracín needs the students’
testimony.44
58.
Based on the statements of Eloisa Vanessa Troncoso and Jennifer Estefanía Morante, as well
as the forensic document report, on February 4, 2003, the Criminal Prosecutor asked the Criminal Circuit Court
of Guayas to have Bolívar Espín arrested.45 Two days later, the Third Criminal Judge of Guayas informed the
Chief of the Judicial Investigative Police that he had issued the arrest warrant.46 On February 13, 2003, the
aforementioned judge reported that he had issued a search warrant with the Criminal Prosecutor. 47 The
petitioner said that by the time the search was conducted, the suspect had fled.
59.
On February 14, 2003, principal José Vicente Ruíz Méndez testified freely and voluntarily as
follows:
Both the vice principal and the principal share the same space […] where during the school
day, whether for interviews with the vice principal or the principal, teachers, inspectors,
parents, administrative personnel, service personnel, and students enter and, once they are
heard, exit, meaning nobody stays in that space […]. I should add that at the entry way of the
principal and vice principal’s space is the desk of the school's inspector general. Across from
her is the teacher meeting area, which is a space down the corridor, and in the corridor itself
are three desks occupied by the school's three guidance counselors […]. So, during the school
day, there are people not only in the principal and vice principal's office but also near its
entryway […].48
Attachment 20. Statement of Jennifer Stefanía Morante López. Attached to initial petition.
Attachment 21. Brief from Mr. Máximo Guzmán. Attached to initial petition.
41 Attachment 22. Brief from Ms. Albarracín. Attached to initial petition.
42 Attachment 23. Brief from Mr. Enrique Guzmán Bustos. Attached to initial petition.
43 Attachment 24. Briefs from several mothers of students at the school Attached to initial petition.
44 Attachment 24. Briefs from several mothers of students at the school Attached to initial petition.
45 Attachment 25. Official Letter No. 0134- MFD-G of February 4, 2003. Attached to initial petition.
46 Attachment 26. Official Letter No. Ex46-03.J.T.P.O. Attached to the communication of the petitioner, October 14, 2014.
47 Attachment 27. Official Letter No. 728-JTPG-46-2003. Attached to the communication of the petitioner, October 14, 2014.
48 Attachment 28. Testimony of Mr. José Vicente Ruiz Méndez. Attached to initial petition.
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