24. On April 14, 1997, the 11th Lower Criminal Court of Guayas issued a decision in which it accepted the prosecutor's indictment and opened trial proceedings.21 In that decision, the court ordered Mr. Vargas' provisional acquittal.22 25. On December 1, 1998, the public hearing in the trial proceedings was held before the Fourth Criminal Tribunal of Guayas.23 At that hearing, Mr. Carranza's defense counsel stated the following: (...) my client did not act with malice aforethought ..., in other words, his conduct is consistent with what [Article] 449 [of the Criminal Code] provides, which is 8 to 12 years. Unfortunately, your honors, the State has violated Article 7 of the American Convention on Human Rights, by not trying the accused within a reasonable time, given that, to date, he has spent four years in prison.24 26. Mr. Carranza, for his part, stated the following at the hearing: I had no intention of killing him; I was only trying to protect myself; the man came after me with a machete and what I did was in defense of my life; I shot him but I did not want to; I ask that I be released.25 27. The IACHR also notes that the original petition lodged with the Commission contained the following statement by Mr. Carranza: I was accused of committing the murder of Samuel Mariño, without consideration of the fact that I acted in legitimate defense of my own life, which was being gravely threatened by the deceased; there was never any evidence that I acted with premeditation or malice aforethought. During the hearing ... I admitted to firing the shot that killed the aforesaid person.26 28. On December 15, 1998, the Fourth Criminal Tribunal of Guayas returned judgment, convicting Mr. Carranza.27 The tribunal found him guilty of perpetrating the crime of homicide, as defined in Article 449 of the Criminal Code.28 The tribunal sentenced him to six years’ imprisonment due to the existence of mitigating factors.29 21 Opening of trial proceedings by the 11th Lower Criminal Court of Guayas, April 14, 1997. Enclosed with the State's communication of July 15, 2016. 22 Opening of trial proceedings by the 11th Lower Criminal Court of Guayas, April 14, 1997. Enclosed with the State's communication of July 15, 2016. 23 Public Hearing by the Fourth Criminal Tribunal of Guayas, December 1, 1998. Enclosed with the State's communication of July 15, 2016. 24 Public Hearing by the Fourth Criminal Tribunal of Guayas, December 1, 1998. Enclosed with the State's communication of July 15, 2016. 25 Public Hearing by the Fourth Criminal Tribunal of Guayas, December 1, 1998. Enclosed with the State's communication of July 15, 2016. 26 Original petition lodged with the IACHR on April 5, 1998. 27 Judgment of the Fourth Criminal Tribunal of Guayas, December 15, 1998 Enclosed with the State's communication of July 15, 28 Judgment of the Fourth Criminal Tribunal of Guayas, December 15, 1998 Enclosed with the State's communication of July 15, 29 Judgment of the Fourth Criminal Tribunal of Guayas, December 15, 1998 Enclosed with the State's communication of July 15, 2016. 2016. 2016. 5