80.
In the original petition of October 31, 1994, a description of the account of each one of the
alleged victims was provided.55
81.
With regard to Jorge Eliecer Espinoza, it was noted that “he was punched and kicked, his
testicles received electric shocks, and his head was covered with a bad and filled with gas and he was
threatened with death if ever filed a complaint.” As for Eusebio Domingo Revelles, it stated that “he was
punched and kicked all over his body, his testicles received electric shocks, his head was covered with a bad
and it was filled with gas, he was subjected to cold water baths at night, he was kept on his knees with arms
held high for several hours, his calves and feet were stepped on, he was beaten in the stomach causing him to
vomit blood. He was also threatened with death if he filed a complaint.”
82.
As for Emmanuel Cano it noted that “he was punched and kicked, his testicles received
electric shocks, his head was covered with a bag and was filled with gas, he was kept for several hours on his
knees with his arms high, and he was also threatened if he testified about what had been done to him.”
Regarding Luis Alfonso Jaramillo, it stated that “they proceeded to punch and kick him, giving electric shocks
on his testicles, covering his head with a bag and filling it with gas, they covered his eyes, and threatened to
kill him if he ever filed a complaint.”
83.
At the time of the processing of the petition, on March 13, 1995, these descriptions were
brought to the attention of the State.
D.
Criminal proceedings against the alleged victims
84.
On August 11, 1994, the Office of the Police Chief of Pichincha ordered that Report 134-JEIPCP1-94 be submitted to the Chief of the Random Selection Section of the Judiciary. 56 On that day,
supplemental report 124-JEIP-CP1 was also submitted to the Office of the Provincial Chief of Interpol of
Pichincha with regard to alleged responsibility of other defendants. 57
85.
Based on the statements made in police report 134-JPEIP-CP1-94, on August 17, 1994, the
Twelfth Judge for Criminal Matters issued an “order to institute the trial proceedings stage” stating that “the
facts constitute a punishable offense subject to investigation ex officio.” Additionally, he appointed a public
defender to the alleged victims, and to other detainees, whom he charged “inasmuch as all of the
requirements of Article 177 of the Code of Criminal Procedure have been met.” 58 In said ruling, the Judge
ordered the alleged victims, among others, to be held in pretrial detention at the Men’s Center for Social
Rehabilitation of Quito. The Judge ordered, among other things, to take the initial statements of the
defendants beginning on August 22.59
86.
In a “Decision of August 24, 1995,” “the escape of Jorge Herrera Espinoza and Emmanuel
Cano” was reported and “the Judicial Technical Police was ordered to recapture them.”60 According to the
55 Annex
27. Original petition lodged on October 31, 1995.
56Annex
28. Submission from the Office of the Police Chief of Pichincha. August 11, 1994. Page 518. Annex to the
communication of the State of May 28, de 2004.
57Annex 29. Submission of the Report 142-JPEIP-CP1-94, August 11, 1994. Page 520. Annex to the communication of the State
of May 28, de 2004.
58Annex 30. Decision of the Twelfth Judge for Criminal Matters of Pichincha of August 17, 1994. Annex to petitioner’s
submission of November 13, 1998.
59Annex 30. Decision of the Twelfth Judge for Criminal Matters of Pichincha of August 17, 1994. Annex to petitioner’s
submission of November 13, 1998.
60Annex 31. Charging document by the Twelfth Judge for Criminal Matters of Pichincha of November 30, 1995. Pages 1519 1564. Annex to petitioner’s submission of November 13, 1998.
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