29.
On May 16, 1997, at around 9.30 a.m., Marco Bienvenido Palma Mendoza, 45 years
of age, was traveling in his car with his son Luis Palma Bravo, 11 years old at the time, in
the canton of Manta, province of Manabi. While they were driving by the Ecuadorian
Professional Training Service (hereinafter “SECAP”), his vehicle was intercepted by a white
double cabin pickup truck, without license plates. 17 Heavily armed men wearing ski masks
got out of the van and put Mr. Palma Mendoza in the truck, leaving for an unknown
destination.18
30.
Before 9:30 a.m. that day, Manuel Armijos, a SECAP security guard, had approached
the white truck that was parked outside the establishment to find out what it was doing
there. One of the men in the van went up to him before he reached the vehicle and showed
him an identity card, identifying himself as a member of the “intelligence force” and telling
him not to worry.19 As was learned subsequently (infra para. 42), the men who took Mr.
Palma Mendoza were part of the security team of the companies owned by the Cevallos
family, and two of them were former members of the Ecuadorian Armed Forces (hereinafter
“FAE”).20
2.
Investigation of the facts, discovery of Mr. Palma Mendoza’s body and
its subsequent identification
31.
On May 16, 1997, after his father had been taken away, Luis Palma Bravo returned
home and told his mother what had happened.21 That same day, Lidia Bravo, Mr. Palma’s
companion, together with family members, friends and neighbors, searched for her
companion,22 and went to SECAP, where they were told that those who had taken Mr. Palma
Mendoza had identified themselves as “military intelligence.”23 She also looked for him on
17
Cf. Complaint filed by Lidia Bravo before the XIth Criminal Judge of Manabi on May 17, 1997 (file of
appendices to the Admissibility and Merits Report, appendix 3, folio 19), and judgment delivered by the Criminal
Court of Manabi, Manta, on March 19, 2001, in criminal case No. 18-2001 (file of appendices to the Admissibility and
Merits Report, appendix 2, folios 10 to 17).
18
Cf. Complaint filed by Lidia Bravo before the Criminal Judge of Manabi on May 17, 1997, folio 19; testimony
provided by Luis Palma Bravo before the XIth Criminal Judge of Manabi on April 5, 2000 (file of appendices to the
Admissibility and Merits Report, appendix 7, folio 43), and statement made Luis Palma Bravo before the Court
during the public hearing held on March 1, 2012, and judgment delivered by the Criminal Court of Manabi, Manta,
on March 19, 2001, folios 10 to 17.
19
Cf. Interview of May 23, 1997, with Manuel Armijos contained in police report No. 97-218-OID-MM-PREL,
signed by investigating agent Bonifacio Lino Caicedo (file of attachments to the pleadings and motions brief,
attachment 1, folio 1384).
20
Cf. Certification of “entry into service and discharge” issued on January 16, 1996, by the head of the
Administrative Department of the FAE Personnel Directorate, in response to the request of Freddy Simón Contreras
Luna (file of attachments to the answering brief, attachment 8, folio 1913); certification of “entry into service and
discharge” issued on May 6, 1996, by the head of the Administrative Department of the FAE Personnel Directorate,
in response to the request by Stanley Domínguez (file of attachments to the answering brief, attachment 8, folio
1911), and decision of the Ministry of National Defense, issued by the head of Personnel, of July 30, 1998, with
regard to Stanley Domínguez (file of attachments to the answering brief, attachment 8, folio 1912).
21
Cf. Statement made by Luis Palma Bravo before the XIth Criminal Judge of Manabi on April 5, 2000, folio
43; court order to investigate an alleged crime issued by the XIth Criminal Judge of Manabi on July 1, 1997 (file of
appendices to the Admissibility and Merits Report, appendix 16, folios 71 and 72), and affidavit prepared by Pablo
Palma Pico on February 9, 2012 (file of preliminary objection, merits, reparations and costs, tome I, folios 397 to
400.
22
Cf. Complaint filed by Lidia Bravo on May 17, 1997, folio 19, court order to investigate an alleged crime
issued by the XIth Criminal Judge of Manabí on July 1, 1997, folios 71 and 71; affidavit prepared by Pablo Palma
Pico, folios 397 to 400, and statement made by Lidia Bravo before the Court during the public hearing held on March
1, 2012.
23
Cf. Statement made by Lidia Bravo before the Court.
10