document it also refers to the fact that Pablo Vargas;66 Óscar Hernando Acosta Ramírez;67 Favio Hugo Carrero
Lara;68 Nexi Irene Calderón Tinitana;69 and Alba Rosario Tinitana Ludeña 70 denied their involvement in the
crimes and claimed their pre-indictment initial statements were obtained by beatings and abuses. A
statement was also received from Islandia Marisol Cedeño Cajas, who retracted “everything she said, at the
office of Interpol,” because she had been threatened by the investigators who told her that “if she didn’t say it
was these men, the ones in the photos who they were showing to her, she would stay in for the rest of her
life.” 71 In the final charging document, it is also noted that a complaint to the Ecumenical Human Rights
Commission “CEDHU” appears in the case file, lodged by the alleged victims decrying “the way in which they
have been treated by the Interpol investigators.”72
90.
In the case file of the criminal proceedings there is a submission of July 2, 1996 from Mr.
Eusebio Domingo Revelles addressed to the Chief Justice of the Supreme Court of Justice claiming that he had
been beaten in order to get him to say that he had committed criminal activities and that the prosecutor had
intimidated him so he would sign a declaration in which there appear “things he never heard of.”73
…continuación
Cano and Eusebio Domingo were arriving in Quito with a niece of Jorge Herrera. The report states that “on this same point of the same
version of the pre-indictment statement of defendant Jorge Herrera.” 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.
66 Pablo Vargas claimed that “the order instituting the trial proceedings is totally false” and “the Interpol report is also false
because he has been physically and psychologically abused, being subjected to beatings electric shocks and that they would put a bag
over his head and fill it with gas.” He stated that it was “a three day ordeal of torture because they would kick him, they would have him
get down on his knees holding a chair in each hand for periods of a half an hour.” 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.
67 He stated that “he challenges the police report” and that “said report is not true because it was made on the bases of physical
and psychological torture.” He stated that he did not know anything about this drug problem. 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.
68 He stated that “he challenges the statements given at the Offices of Interpol of Pichincha because they are not true and were
taken under physical and psychological duress.” He claimed “to have been tortured and that the statement was made at the convenience
of the investigating people.” 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.
69 She stated that “everything that has been read in the order instituting the trial proceedings is false, as is the Interpol report.”
She claimed “to have been subjected to every type of physical and psychological torture and that they were trying to implicate her at any
cost. 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.
70 She stated “that she challenges the Police Report inasmuch as it was made under psychological and physical duress.” She
claimed that “she had been taken to a prison cell […], abusing her, putting a bag over her head to suffocate her, she was hung by her
thumbs and placed her in front of her two sons telling her if she didn’t cooperate they would go to jail.” 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.
71 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.
72 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.
73He stated that when he was “arrested he thought it was an abduction or something like that, because of the beatings and the
covered faces I was put into a vehicle and the persons who intimidated him never identified themselves, he was taken to a location and
that was where, when I was asked questions along with being beaten, he thought that they could be policemen, they wanted me to tell
them that I was aware of criminal activities, I was held in custody for 4 days and vomited blood for 3 of the 4 days because of the beatings
that had been inflicted upon me.” He stated that “the doctor who in theory is there to safeguard the integrity of the detainees refused to
pay any attention to the state I was in (I attach a copy of the forensic examination report and a photograph which was introduced as a
complaint at Court No. 8) and “instead of saying that the initial statement had been extracted by force the prosecutor himself intimidated
him to sign the statement in which things I never heard of appeared.” He also stated that he was held “in solitary confinement, without
being able to speak, with his family, an attorney or anyone to be able to clarify the misunderstanding.” He stated he called that
“kidnapping, defenselessness, torture, failure of justice and that the prosecutors and doctors that are supposed to be present during the
interrogation (logically an attorney) are accomplices to the torturers, the judges with irrefutable evidence of torture before them hid
their heads, either out of fear or because they too are accomplices to the torture, the State of Ecuador itself tries to hide this
shamelessness by not communicating to its investigators about the complaints of torture before the Inter-American Commission on HR.”
Continúa…
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