34.
Carlos Alberto Palma Mendoza filed an application for habeas corpus before the
Municipality of Manta on May 22, 1997, and that same day the mayor requested the No. 23
Fighter Wing Commander, the Manta Port Captain, the Chief of the Manta Police Force, the
Head of the OID, the Eighth Criminal Judge of Manabi, the XIth Judge of Manabí, the Traffic
Judge, and the National Police Captains, that Marco Bienvenido Palma Mendoza be brought
before him and that they submit the documents and reports they deemed pertinent. 32
Regarding the application for habeas corpus, General Luis Carrera appeared before the
mayor of Manta and stated that “they were not holding Mr. […] Palma [Mendoza].” 33
35.
On May 23 and 26, 1997, two corpses were found in an advanced state of
putrefaction, naked, and with no identification, on the banks of the river Norcay, in Jesus
Maria Parish of the Canton of Naranjal, in the province of Guayas. 34 The police authorities
were informed of the discovery of the two bodies and arranged for them to be transferred to
the morgue. A doctor then performed a “forensic examination.”35 Since no one recognized
the bodies, they were buried without being identified.36
36.
On May 27, 1997, the XIth Judge of Manabí received a preliminary report of the
investigations into the abduction of Mr. Palma Mendoza from the Manta OID. 37
37.
On May 30, 1997, CEDHU filed another application for habeas corpus in favor of Mr.
Palma Mendoza at the Mayor’s Office of the Metropolitan District of Quito. 38 That same day,
the mayor ordered that Mr. Palma Mendoza be brought before him on the following June 6,
notifying, in this regard, “the Director of the Provisional Detention Center, the Director of the
Men's Social Rehabilitation Center of Quito No. 1, 2, and 3, and the Public Prosecutor.” 39 On
June 13, 1997, considering that, according to the information provided in the application for
habeas corpus, Mr. Palma was “at the orders” of the military forces, and that they had not
“justified his detention,” the Mayor ordered his “immediate release.” 40
32
Cf. Communication of the Mayor of Manta regarding the application for habeas corpus filed by Carlos
Alberto Palma Mendoza before the Municipality of Manta, dated May 22, 1997 (file of attachments to the pleadings
and motions brief, attachment 7, folio 1448), and affidavit made by Pablo Palma Pico, folios 397 to 400.
33
Court.
Cf. Affidavit made by Pablo Palma Pico, folios 397 to 400, and statement made by Lidia Bravo before the
34
Cf. Testimony of Lenin Oswaldo Ordoñez Ortiz of February 26, 2000, recorded in police report No. 2000128-P-J-M-COMPL, signed by Investigating Agent Aladino Zambrano Acosta (file of appendices to the Admissibility
and Merits Report, appendix 1, folios 25 to 36); newspaper article published in El Universo on May 30, 1997 (file of
appendices to the Admissibility and Merits Report, appendix 13, folio 61); supplementary report of the National
Investigations Directorate of the Ecuadorian National Police No. 2000-150-PJ-M-COMPL., signed by Investigating
Agent Nelson Carrión Cabrera, of March 3, 2000 (file of appendices to the Admissibility and Merits Report, appendix
14, folios 63 to 67). It is worth noting that, according to this police report, the said testimony of Lenin Ordoñez
mentions the “Cañar” river. The other documents cited refer to the “Norcay” river.
35
Cf. Supplementary report of the National Investigations Directorate of the Ecuadorian Police No. 2000-150PJ-M-COMPL., of March 3, 2000, folios 63 to 67.
36
Cf. Supplementary report of the National Investigations Directorate of the Ecuadorian Police No. 2000-150PJ-M-COMPL., of March 3, 2000, folios 63 to 67, and newspaper article published in El Universo on May 30, 1997,
folio 61.
37
Cf. Official note No. 97-349-OID-MM of the OID, addressed to the XIth Judge of Manabí, received by the
addressee on May 27, 1997 (file of appendices to the Admissibility and Merits Report, appendix 11, folio 56.
38
Fact mentioned in the Admissibility and Merits Report and in the pleadings and motions brief, and not
contested by the State (file on preliminary objection, merits, reparations and costs, tome I, folios 17 and 134).
39
Cf. Decision of the Mayor’s Office of the Metropolitan District of Quito, signed by the Secretary General of
the Quito Metropolitan Council, of June 13, 1997 (file of attachments to the pleadings and motion brief, attachment
8, folio 1450).
40
Cf. Decision of the Mayor’s Office of the Metropolitan District of Quito, folio 1450.
12