23. Calixto Saldarriaga Corral, who was working as a fisherman in Atacames at the time of the events, stated the following: [O]n December 7, I saw the crew of the Casierra brothers’ boat heading off to fish; I live one block away from them; I have never seen them with firearms, not even on that day as they were going off to fish.8 24. The IACHR notes that the fishermen who were in the boat with the Casierra brothers stated that they were not carrying firearms when they went out to fish. 9 25. The Commission also finds that, that day, the Ecuadorian Navy issued an operational order with the instructions “to establish a naval presence, gather intelligence, and detain any vessels (…) that [did] not have their documentation in order.” That order stated that the purpose was “to establish a naval presence and counter the continuous attacks and robberies at sea and at Puerto Pesquero (…) [by] possible pirate vessels.” It also mentioned the length of the operation, from 10:00 p.m. on December 7 until 2:00 a.m. on December 8, 1999, as well as the following procedure: “Sound the siren, turn on the police lights, identify yourselves as maritime police; in the event of any eventuality, shout “halt”; in the event of an imminent threat, fire shots into the air, and in the event of an attack, repel the attack.”10 26. In relation to the events of the early hours of December 8, 1999, the Commission notes that the parties offer contradictory accounts. 27. On one hand, there are the statements of the sister of the Casierra brothers and those of the other fishermen who were in the boat. Shirley Quiñonez stated that at around 1:30 a.m. on December 8, 1999, her brothers and the other fishermen were switching “the fuel can” when “a privately owned launch suddenly appeared and made straight for (the boast).” She said that because her brothers thought “it was a pirate boat ... they had to get away immediately, ... since in the dark of the night it was impossible to make out its crew clearly.” She added that the other vessel began firing “in bursts, killing ... Luis (...) and wounding Andrés ... in the left thigh.” Ms. Quiñonez also stated that as a result of the gunfire, Darlin Casierra was wounded in the left hand and Cristian Sosa struck his knees on the engine when he jumped out of the boat. Ms. Quiñonez said that Andrés Casierra and the other wounded were taken to Esmeraldas, where they were sent to medical post, while Luis Eduardo was taken to the morgue.11 28. The statements provided by the seven fishermen who were in the boat with the Casierra brothers are consistent with Shirley Quiñonez’s account.12 In that connection, Jhonny Casierra stated the following: [A] boat was approaching without any kind of identification or signals, and it had no lights or loudhailers of the kind a navy vessel should have, so when we saw that the boat did not identify itself and they started shooting at us, we turned off our lights, thinking it was a pirate boat, and got under way to escape from the hail of bullets. It was only when the engine was hit by a bullet and boat stopped that they identified themselves, saying “HALT, WE ARE THE NAVY.”13 29. following: With regard to what happened after the officers identified themselves, Freddy Zambrano said Annex 1, Statement of Calixto Saldarriaga Corral, December 15, 1999, Annex 1, record 07-2000, p. 50. 1, Statements of Freddy Zambrano Quiñonez, Jhonny Jacinto Casierra Quiñonez, and Orlando Olaya Sosa. Annex 1, record 07-2000, pp. 26-28. 10 Annex 1, Anti-crime operation, Official letter RAD-DIGMER-DOP-P-222000ZNOV-99, of December 7, 1999, p. 153. 11Annex 1, Complaint of Shirley Lourdes Quiñonez, December 13, 1999, Annex 1, record 07-2000, p. 7. 12 Annex 1, Statement of Darlin Sebastián Casierra Quiñonez, December 13, 1999, Annex 1, record 07-2000, p. 27; Statement of Cristian Jesús Sosa Quiñonez, December 13, 1999. Annex 1, record 07-2000, p. 53; Statement of Jorge Olguín Ortiz Bone, December 13, 1999. Annex 1, record 07-2000, p. 46; Statement of Johnny Jacinto Casierra Quiñonez, December 13, 1999 Annex 1, record 07-2000, p. 50; Statement of Freddy Eloy Zambrano Quiñonez, December 13, 1999 Annex 1, record 07-2000, p. 28. 13 Annex 1, Statement of Johnny Jacinto Casierra Quiñonez, December 13, 1999. Annex 1, record 07-2000, p. 50. 8 9Annex 3