regulations justified acts of violence and terrorism perpetrated by the forces of the State against the alleged imminence and endangerment of a powerful ‘internal enemy’ that in its conception justified the use of any violation of human rights as an act of so-called defense of the society and the State.22 57. The afore-mentioned Report establishes that a new repressive agency of the police started functioning. It was called Criminal Investigation Service, also known as SIC-10, which derived from the Criminal Investigations Service (SIC) and became a clandestine operative organization aimed at reprising and eliminating the members of “Alfaro Vive Carajo” and other political-military organizations.23 According to the Truth Commission, the SIC, SIC 10 and the Special Investigations Unit (UIES) of the National Police, as well as special intelligence agencies of the armed forces -such as the Special Group of Counterintelligence (GECI) and the Quito Counterintelligence Company (CCIQ) - took part in carrying out grave human rights violations in the context of the fight against subversion and the political opposition in the country, 24 including forced disappearances against members or sympathizers of groups considered subversive. 58. According to the Truth Commission, 9 cases of forced disappearance took place during León Febres Cordero’s government.25 2. The period between 1988 and 1992 59. In relation to the period of time between 1988 and 1992, in which President Rodríguez Borja was in office, the Truth Commission considered that while there was a greater respect for the exercise of political freedom and expression, doctrines and security policies concerning repression of subversion continued to prevail.26 60. As established in the Truth Commission’s Report, during this time frame the Government refused to dismantle the police and army groups that had been accused of the afore-mentioned violations. In its report, the Truth Commission established that during this period one forced disappearance occurred.27 This one disappearance is the disappearance of the alleged victim of the instant case. In this regard, the Commission will include in the next section, the findings of the Truth Commission about Mr. Garzón Guzmán. 61. The Truth Commission established that a total of 17 forced disappearances took place during the period between 1985 and 2004.28 62. With regards to the victims’ profiles and modus operandi used for the forced disappearances, the Commission notes that the Truth Commission determined that of the 17 victims of forced disappearance, three were members of “Alfaro Vive Carajo” and one was related to “Montoneras Patria Libre.” The Truth Commission stated that it observed from the cases it heard and the witness statements it received, that forced disappearance of persons started with the detention of the victims by State agents, in compliance with repressive strategies or in routine actions in which the agents ended up abusing of their authority and unjustifiably used excessive force.29 63. The Truth Commission also made reference to a pact of silence among the members of the different police and army agencies who participated in the detention, torture and forced disappearances. There 22 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Vol. 1: Human Rights Violations, 2010, p. 327. 23 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 222. Report of Truth Commission of Ecuador, Without Truth there is no Justice, Main Police and Army Structures involved in Human Rights Violations in Ecuador, p. 249. 24 25 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Vol. 1: Human Rights Violations, 2010, p. 93. 26 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 154. 27 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Vol. 1: Human Rights Violations, 2010, p. 94. 28 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 106. 29 Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 107. 8

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