Center for Social Rehabilitation, Mr. Jorge Herrera Espinoza had been a fugitive from justice since December 15, 1994.61 87. On November 30, 1995, Office of the 12th Prosecuting Attorney for Criminal Matters issued his “final charging document.” Among other charges, it indicted Emmanuel Cano or Alfonso García, in his capacity as accomplice to the crime codified in Article 64 of the Law on Narcotic and Psychotropic Substances and in keeping with Article 43 of the Criminal Procedural Code; Jorge Eliecer Herrera Espinoza; Alfonso Jaramillo Gonzalez, and Eusebio Domingo Revelles as accessories after the fact of a crime codified in Article 64 of the Law on Narcotic and Psychotropic Substances and in keeping with Article 44 of the Code of Criminal Procedure.62 88. In said charging document, the Office of the Prosecutor referred to reports on medical examinations conducted on August 9, 1994, which were collected as evidence in the investigation 63 and a medical record which “certifies that after she [Jorge Herrera’s niece] has been treated and examined, she presents ecchymosis and luxation in the genital area consistent with rape inflicted in the City of Quito […].”64 89. In the same charging document of the Office of the Prosecutor, it is noted that in their initial declarations before the judge, Eusebio Domingo Revelles, Jorge Eliécer Espinoza and Luis Alfonso Jaramillo González stated that their initial pre-indictment statements were extracted under different forms of coercion and that their stay in Ecuador was related to livestock and farming-related business deals.65 In this charging 61Annex 32. Document from the Center for Social Rehabilitation regarding Mr. Jorge Eliécer Herrera Espinoza. Annex to petitioner’s communication of September 24, 1994. 62 Annex 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. 63 It is noted in these examination reports “[…] they state that signs of areas of violaceous ecchymosis are apparent in certain parts of the body of the petitioners” which “possibly were inflicted around eight days earlier,” as well as “17 photographs wherein you can see the parts of the bodies of the persons listed, with injuries and ecchymosis clearly visible.” Annex 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. 64 Annex 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. 65Specifically, Eusebio Domingo Revelles stated that he was unaware of the crimes [of the charge] and that “only when he was detained was he told what they were by Interpol agents.” He stated “that he was physically and psychologically mistreated” and “he was forced to sign what he believed was in his best interests” in addition to the fact that “there is a forensic examination of the injuries he received.” He claimed that the reason for his visit to Ecuador, “was strictly professional” and that Mr. Jaramillo “went to Spain to be given samples of the products that he came to provide and that he knows the other men because they were introduced to him in Ecuador and “the rest of them he met when he was in custody.” Jorge Eliecer Herrera Espinoza stated that “he was mistreated and that he was smacked right in front of prosecuting attorney on duty.” He also claimed that “he had to sign the statement before the National Police with everything they wanted, because otherwise they would mistreat me again.” He contended that he came to Ecuador along with his niece “who has been raped by the investigators,” and that he knew Alfonso Jaramillo, for 15 years because “they are buddies,” and “they had talked about the possibility of forming a group of cattle rancher friends.” He claimed that Alfonso Jaramillo knew some businessmen [who were] “ready to travel and to know the South American market,” and they decided to come to Ecuador since it is “the closest country” and because of “how favorable the rate of exchange is.” He claimed that one of his friends “had […] given him a business card of an attorney named Carmen Tinitana, to help them with the legal paper work.” In the meantime, his buddy got in touch with Spain and they decided “to travel both from Colombia and from Spain;” Pablo Vargas, a cattle rancher and agronomist, who could also bring two friends who knew a lot about agricultural inputs and import and export paper work procedures. He stated that Alfonso Jaramillo and his niece traveled with him, and the next day they got together in the office of “Carmen Tinitana,” where they found out that he had passed away and he got in touch with Mrs. Alba Tinitana who claimed “to not have any experience” and “instead offered them taxi service the days they are in Quito.” He stated that “the Spaniards” arrived and they met at the Hotel Oro Verde to discuss the project. Subsequently, he left with Mr. “Emmanuel Cano” in Mrs. Alba Tinitana’s taxi, going to different businesses. He stated that on Tuesday August 2, 1994, after introducing these projects, he left to have lunch when he was arrested. Lastly he stated that “at that office they were mistreated and beaten” and “the Police doctor has not performed a check up on him,” even though “there are medical certificates in the case proceedings.” Luis Alfonso Jaramillo Gonzalez stated that “he rejects everything in the order instituting the criminal proceedings as false and that it is the product of psychological, physical and emotional torture.” He claimed that Mr. Emmanuel Cano offered him to be the representative for South America of his agrochemical products and livestock raising inputs, and therefore he proposed “this concern to some of his cattle rancher friends,” Jorge Herrera and Pablo Vargas. He stated that they decided to travel to Spain to verify the existence of the products, before obtaining the business visa. He claimed that he received a call from Pablo Vargas, who told him that Emmanuel Continúa… 21