quarrel with his brother.4 He added that Mr. Carranza shot his brother with his rifle and that both he and
Alfredo Vargas fled the scene.5
14.
The next day, the captain (comisario) in command of the police station ordered a preliminary
inquiry to be opened and proceedings instituted against Messrs. Carranza and Vargas.6 An order was also
issued for the arrest of both.7 The order was based on the following rationale: “(…) the pretrial detention of
the suspects is hereby ordered under Article 177 of the Code of Criminal Procedure.” The order added that
because they were fugitives, the police were requested to apprehend them.
15.
On October 1, 1993, the police captain notified the 11th Lower Criminal Court of Guayas of
the proceeding for murder instituted against Messrs. Carranza and Vargas.8 On October 28, 1993, the 11th
Lower Criminal Court of Guayas took up the criminal proceeding.9 The court also confirmed the detention
orders issued for both individuals and requested the National Police to take steps to ensure their capture.10
As for the grounds for that decision, the court reiterated that [since] “all the conditions established in Article
177 of the Code of Criminal Procedure are met, the pretrial detention orders that the investigator has issued
are hereby confirmed.”
16.
In the original petition submitted to the IACHR, Mr. Carranza said that he was arrested by
police in November 1994.11 The Commission does not have information on the exact date on which he was
detained. Mr. Carranza said the following about his arrest:
(…) I was unlawfully apprehended without being caught in the act of committing any crime
by members of the Ecuadorian Rural Police, who did not show me the detention order ...; in
spite of that, I was accused of the murder of [Samuel Evaristo].12
B.

The criminal proceeding against Mr. Carranza

17.
In the original petition submitted to the IACHR, Mr. Carranza said that after he was arrested,
he was held incommunicado for more than 24 hours without the assistance of counsel.13 He added that he
was interrogated while being subjected to psychological pressure.14 The Commission does not have any other
information in relation to those submissions.
18.
On December 6, 1994, Mr. Rosendo Carranza submitted a brief to the 11th Lower Criminal
Court of Guayas in which he named his attorney and offered the following statement:
4 Complaint filed with the National Police Station in Yaguachi Canton by Mr. Segundo Mariño Gamboa, brother of Samuel
Mariño, August 16, 1993. Enclosed with the State's communication of July 15, 2016.
5 Complaint filed with the National Police Station in Yaguachi Canton by Mr. Segundo Mariño Gamboa, brother of Samuel
Mariño, August 16, 1993. Enclosed with the State's communication of July 15, 2016.
6 Order to open a preliminary inquiry and institute proceedings by Yaguachi Canton National Police Station, August 17, 1993.
Enclosed with the State's communication of July 15, 2016.
7 Order of Pretrial Detention by Yaguachi Canton National Police Station, August 17, 1993. Enclosed with the State's
communication of July 15, 2016.

2016.

8

Order of Yaguachi Canton National Police Station, October 1, 1993. Enclosed with the State's communication of July 15, 2016.

9

Order of the 11th Lower Criminal Court of Guayas, October 28, 1993, Enclosed with the State's communication of July 15,

10

Order of the 11th Lower Criminal Court of Guayas, October 28, 1993, Enclosed with the State's communication of July 15,

11

Original petition lodged with the IACHR on April 5, 1998.

12

Original petition lodged with the IACHR on April 5, 1998.

13

Original petition lodged with the IACHR on April 5, 1998.

14

Original petition lodged with the IACHR on April 5, 1998.

2016.

3

Select target paragraph3