I would like to bring to your attention that the persons mentioned are active-service members of the Navy of Ecuador and were on active duty on December 8, 1999, carrying out a military anti-crime operation .... Accordingly, proceedings have been instituted in the Military Criminal Tribunal of the Third Naval Zone ... by virtue of the fact that they are under military jurisdiction; therefore, they will only appear in these proceedings before their appropriate judge .... By official letter ... the Military Criminal Judge requested that you refrain from continuing to process the criminal proceeding ... and refer the entire record to the Military Criminal Judge of the Third Naval Zone, which request I insist be complied with in accordance to law. 28 41. That same day the Esmeraldas Fifth Lower Criminal Court issued an order of recusal, bearing in mind the official letter from the Esmeraldas Harbormaster's Office, and ordered that the processing of the case continue and that the entire record be referred to the Military Criminal Court of the Third Naval Zone in Esmeraldas.29 On March 3, 2000, the Military Criminal Court of the Third Naval Zone in Esmeraldas sent a communication to the Esmeraldas Fifth Lower Criminal Court, enclosing “the legalized copy of the whole record in order to continue the common criminal proceeding" against the boat driver who was on the Ecuadorian Navy vessel, owing to his civilian status.30 42. On April 18, 2000, the Esmeraldas Fifth Lower Criminal Court continued the proceeding only in respect of the boat driver due to the fact that “he [was] not an active-service member of the armed forces.”31 The IACHR does not have any information about the status of this proceeding. 43. On May 24, 2000, the Military Criminal Court of the Third Naval Zone in Esmeraldas issued an order to dismiss with prejudice in favor of the Navy personnel. 44. The IACHR notes that the following provisions of law governed the military criminal jurisdiction at the time: Political Constitution of the Republic of Ecuador, 1998 Article 187. Members of the security forces shall be subject to special jurisdiction for the prosecution of infractions committed in the exercise of their professional duties. In the case of common infractions, they will be subject to the regular courts.32 Military Code of Criminal Procedure Article 2. The jurisdiction includes: (a) the power to investigate infractions committed by armed forces military personnel that are punished by the Military Criminal Code and other laws on such matters, provided that they are infractions of a military nature. Common infractions correspond to the regular judges and courts; and (b) the power to prosecute them and enforce decisions ....33 45. The judge found that the operational order of December 7, 1999, 34 “constituted an official military document indispensable for the military patrol to operate, the contents of which accorded legal power for the military personnel to use firearms in attack, as well as to repel an attack, as indeed was necessary, given the circumstances of the events of December 8, 1999.” 46. The judge also said that an expert inspection of the Navy vessel identified three holes "that presumably correspond to impacts by firearm projectiles.” The judge added that the three Navy personnel and the boat driver "have recounted the truth of the events that occurred on December 7 and 8, 1999." That, because “a collective examination of those testimonies having been performed, as well as in relation to the evidence Annex 1, Official letter No. CAPESM-JUR-144-0, February 22, 2000, Annex 1, record 07-2000, p. 162. Annex 1, Order of the Fifth Lower Criminal Court of Atacames, February 22, 2000, Annex 1, record 07-2000, p. 163. 30 Annex 1, Order of the Military Criminal Court of the Third Naval Zone, Official letter No. TERZÓN- JUZ-201-O, March 1, 2000, Annex 1, record 07-2000, p. 169. 31Annex 1, Order of the Military Criminal Court of the Third Naval Zone, Official letter No. TERZÓN- JUZ-201-O, March 1, 2000, Annex 1, record 07-2000, p. 172. 32 Political Constitution of the Republic of Ecuador, 1998 Legislative Decree No. 000. RO/ 1, August 11, 1998. 33 Military Code of Criminal Procedure of November 6, 1961. Official Record No. S-356. 34 Annex 1, Anti-crime operation, Official letter RAD-DIGMER-DOP-P-222000ZNOV-99, of December 7, 1999, p. 153. 28 29 6