91.
On June 14, 1996, the Thirteenth Court for Criminal Matters of Pichincha issued an order to
institute trial proceedings. In said order, it refers to “the examination conducted by the forensic medical
experts on Alfonso García [Emmanuel Cano], Alfonso Jaramillo González, Eusebio Domingo and Jorge Herrera,
in which it is certified that the above listed individuals have injuries”74 and that in their initial testimony
before a judge in the judicial proceedings, Eusebio Domingo Revelles, Jorge Eliecer Herrera Espinoza, Alfonso
Jaramillo González and Emmanuel Cano, as well as other detainees, claimed that their statements at the
Interpol office were given under different forms of coercion. 75
92.
With regard to the pre-indictment statements, the initial declarations before the judge and
the certificates of the forensic medical experts, the judge noted that based on his examination he concluded
that:
a) The corpus delicti or the offense that is under investigation is duly justified by the
documents examined and described […]. b) With regard to responsibility of the defendants
[…] in the police report it is determined that the drugs came from the Republic of Colombia to
Ecuador, in order to be transported to the European continent. c) In their pre-indictment
statements, the defendants indicate the form, the mechanism that was used for the
transportation of the drugs to Ecuador, […] [and] they describe the system to be used […]. d)
In these same pre-indictment statements they tell the investigating officer the camouflage that
was being used […]. e) The property that has been seized, as a result of direct involvement in
the crime, from the owners thereof, as described during the processing of the case, they have
only justified their economic power, their activities in the Republic of Colombia, but no
evidence has been introduced of their lawful presence in Ecuador. g) The existence of the
drugs in the possession of one of the defendants supports the police report and makes it
prima facie evidence […]. h) Inasmuch as the conclusions of the police report have not been
proven otherwise, it [the report] is accepted in its entirety, therefore, international trafficking
in cocaine hydrochloride, an offense codified and punished under the Law of Narcotic and
Psychotropic Substances is supported, and therefore, partially accepting the Final Charging
Document of the Representative of the Office of the Public Prosecutor, I issue an order to
institute trial proceedings […] as accomplices because it is found […] that there is serious
evidence of responsibility for being the perpetrators of the crime punished and codified under
Article 62 of the Law on Narcotic and Psychotropic Substances, in keeping with Article 43 of
the Code of Criminal Procedure and orders: the custody orders to be confirmed […]. The
defendants to appoint defense counsel in two days. To perform a psychiatric evaluation of
their personalities with the involvement of two experts from the Institute of Chronology of the
…continuación
Annex 33. Communication of Mr. Eusebio Domingo Revelles to the Chief Justice of the Supreme Court of Justice of July 2, 1996. Annex to
petitioner’s communication received on April 19, 1999.
74Annex 34. Twelfth Court for Criminal Matters of Pichincha, Order instituting trial proceedings, June 14, 1996, Pages 1519 1564. Annex to petitioner’s submission on November 13, 1998.
75In this regard, it is noted “in these initial statements defendants Eusebio Domingo Revelles, Pablo Vargas, Oscar Acosta
Ramírez, Favio Carrero […] claim not to be aware of the crime they are being charged with, that their coming to Ecuador was prompted
only by professional business matters, that most of them were introduced in Ecuador, that their objective was to form a company, that
their statements were made under threat ….that they are innocent […]. Nexi Calderon Tinitana, claims to be the CEO of IMEXPRODI, that
she is unaware of the crimes with which she is being charged, that she was not aware of the personal activities of her mother, that the
facts recounted in her pre-indictment initial statement were made under physical and psychological duress. Alba Rosario Tinitana
Ludeña claims that she accepted responsibility for the drugs because she was threatened, for the sake of the lives of her sons, that she
does not know the members of the ring, that she knew Mr. Argudo Mora, […] that the Interpol report is false. […]. Jorge Eliécer Herrera
Espinoza, claims to be astonished over the content of the order to institute trial proceedings, that he came to Ecuador to form a
agricultural products business, operating throughout South America, that he does not know the reason why he is being charged, that he
has been abused. Emmanuel Cano[…] in his initial statement he says: that the statement given at the Interpol office is false, that he was
tortured, that he does not know the perpetrators of the offense with which he is charged. The witness Islancia Marisol Cedeño, claims to
be the caretaker of the warehouse, that she does not know any of the detainees […]” Annex 34. Twelfth Court for Criminal Matters of
Pichincha, Order instituting trial proceedings, June 14, 1996. Annex to petitioner’s submission on November 13, 1998.
23