before the Public Prosecution Service on June 6, 2002.100 On June 5, 2002, María Fernanda Peña Gallardo tried to commit suicide by medical intoxication and this resulted in her death on July 14, 2002.101 C. The criminal proceedings against the alleged victims, convictions, and execution of sentence C.1. The criminal proceedings against the alleged victims 88. On December 19, 2001, at 4:00 p.m., the Eighth Criminal Investigation Court opened the public hearing on precautionary measures, which was one of the Judicial Police procedures undertaken at the request of the Public Prosecution Service against Carlos Enrique Castro Ramírez, Alfredo Bazán y Rosas,102 Víctor Manuel Boggiano Bruzzón,103 Genaro Ahuacho Luna,104 Mercedes Valencia Chuquimia, Victoria Gutiérrez Aguilar, Blas Valencia Campos, Oswaldo Lulleman Antezana, Claudia Valencia Alarcón, F.E.P.M., Norma de Valencia, Carlos Cruz Añez, Elacio Peña Córdova, Freddy Cáceres, Patricia Gallardo Ardúz and Raul Lulleman Gutiérrez105 for the alleged crimes of murder, aggravated robbery, criminal association, and manufacture of explosive substances.106 The defendants were represented by the public defense service; nevertheless, it has been indicated that they had no contact with the designated public defenders prior to the hearing.107 89. During the hearing, the defense counsel argued that the detentions were unlawful and that the police had used unnecessary and excessive force.108 In response to the arguments presented by the defense, the judge indicated: “I would kindly ask counsel to merely present the defense in relation to the precautionary measures.”109 In reasoned order No. 189/2011 of December 19, 2001, the Eighth Criminal Investigation Court ordered the pre-trial detention of all the defendants in the Judicial Technical Police facilities. In this order, the court referred to the defense lawyers’ arguments regarding the violation of the constitutional rights and guarantees of their clients, but failed to take any action in this regard.110 Cf. Record of suspension of hearing on informative statements issued by the Public Prosecution Service on June 6, 2002 (evidence file, folio 838). 100 101 Cf. Death certificate No. 155643 of July 19, 2021, certifying that María Fernanda Peña Gallardo died at 4:15 p.m. on July 14, 2002, as a result of cardio-pulmonary arrest (evidence file, folio 10221). 102 Identified in the respective record as “Alberto Farfán Larrosa or José Miguel Aroldo Díaz.” 103 Identified in the respective record as “Juan Ramírez Organi.” 104 Identified in the respective record as “Walter Herrera Ríos.” Even though he was named in the hearing record, Raúl Lulleman Gutiérrez was not present. As indicated above, he was in solitary confinement in the PTJ facilities. According to his representatives, his brother, Luis Lulleman, attended the hearing, and they presented him as Raúl. 105 Cf. Record of public hearing on precautionary measures issued by the Eighth Criminal Investigation Court on December 19, 2001 (evidence file, folio 1764). The record also mentions an additional defendant who is not one of the alleged victims in this case. 106 107 Cf. Statement made by Eladio Cruz Añez, undated (evidence file, folio 12592). Cf. Record of public hearing on precautionary measures issued by the Eighth Criminal Investigation Court on December 19, 2001 (evidence file, folios 1766, 1767 and 1769). 108 Record of public hearing on precautionary measures issued by the Eighth Criminal Investigation Court on December 19, 2001 (evidence file, folio 1767). 109 110 Cf. Resolution No. 189/2001 issued by the Eighth Criminal Investigation Court on December 19, 2001 (evidence file, folio 1773). 26