was also a similar pact among other members who have or could have access to information related to these
events, together with actions of destruction of records or other incriminatory documents, internal
misinformation efforts (transfer of detainees, internal mobilization,) as well as the public denial of the events
denounced by relatives and public opinion. The Truth Commission identified these elements as the foundation
of the institutional modus operandi of forced disappearances.30
64.
In the afore-mentioned report the Truth Commission also established some situations in
which “the forced disappearance that was carried out by State agents was attempted to be concealed as a mere
disappearance of a person, in which situation responsibility could not be determined or in which there could
be many alleged and uncertain authors who were generally linked to common crime, faith (accident) and even
a personal and secret decision to abandon completely their familiar contexts.”31
C.
About César Gustavo Garzón Guzmán and his disappearance
1.
About César Gustavo Garzón Guzmán and his family
65.
César Gustavo Garzón Guzmán was born on June 8, 1958. He was a writer and trainer at the
Casa de la Cultura Ecuatoriana and also worked for the “El Conejo” Publishing House.32 At the time of the events
he was 32 years old and was writing his PhD dissertation. According to the case file, his relatives are: i) his
father Julio Garzón; ii) his mother, Clorinda Guzmán de Garzón; ii) his siblings Luis Alberto Garzón Guzmán and
Rodrigo Garzón Guzmán; and iii) his brother in law, Luis Lascano.33 In some of the petitioners’ briefs there is a
mention of a sister and a niece, whose names do not appear in the file.
2.
About the detention in 1989
66.
On August 7, 1989 Mr. Garzón Guzmán was detained and transferred to the García Moreno
Prison, where he was deprived of liberty for approximately 13 months.34
67.
The alleged victim was accused of carrying firearms, ammunition and explosives,35 as well as
of armed assaults and theft of money, vehicle theft, falsification of public documents, attempted kidnapping,
subversive activities and illegal possession of State garments and several blank official document forms.36
68.
as follows:
In the accusation, reference was made to the alleged victim’s presumed “subversive activities”
It’s worth mentioning that CÉSAR GUSTAVO GARZON GUZMAN states having started
subversive activities since when there only existed the clandestine organization Alfaro Vive
Carajo; he has provided details of circumstances and causes of the split from which
MONTONERAS PATRIA LIBRE was established. Organization to which he has been a member
all the time, attending trainings and perfecting political-military schools, both as trainer and
as student; he states that nowadays he holds a monthly salary of 30000 sucres paid by the
30
Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 107.
31
Report of Truth Commission of Ecuador, Without Truth there is no Justice, Executive Summary, 2010, p. 109.
32
Report of Truth Commission of Ecuador, Without Truth there is no Justice, Vol. 2: Crimes against humanity, 201, p. 89.
33 Annex 1. Police Report No. 051-SICP signed by investigation officers Edmundo Mera and Romel Castro, directed by the Head
of Criminal Investigation of the Province of Pichincha, of January 08, 1991. Annex 4 to the State’s observations of February2, 2016.
34 Annex 2. Document No. 924-CRSVQ No. 2 from the Director of the Quito’s Center for the Social Rehabilitation of Men No. 2 to
Mr. Coronel Aníbal de La Torre Romero (Chief of the O.I.D. of Pichincha) on July 12, 1994. Annex to the communication sent by the
Ambassador-Permanent Representative of Ecuador on April 29, 1996.
35 Annex 2. Document No. 924-CRSVQ No. 2 from the Director of the Quito’s Center for the Social Rehabilitation of Men No. 2 to
Mr. Coronel Aníbal de La Torre Romero (Chief of the O.I.D. of Pichincha) on July 12, 1994. Annex to the communication sent by the
Ambassador-Permanent Representative of Ecuador on April 29, 1996.
36
Annex 3. Report No. 4911-SICP, October 10, 1989. Annex to the State’s observations of April 29, 1996.
9