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

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