29
85.
In December 1999, Laura Albán’s parents requested the Sixth Chamber to
reverse the order dated December 13, 1999 insofar as it held that the criminal action
against Dr. Ramiro Montenegro-López was time-barred and moved the Sixth
Chamber for an order setting the case for trial.83 On February 16, 2000,84 the Sixth
Chamber dismissed the motion on the grounds that the judge that issued the order
was not empowered to reverse it or to alter its spirit. On March 17, 2000, the Sixth
Chamber dismissed a motion of appeal filed by the defense attorney of Dr. EspinozaCuesta holding that the appealed order had become executory and declaring that the
motion had been unduly filed.85 On April 24, 2000, the Sixth Chamber rejected the
appeal for the review of the order holding the action time-barred dated December
13, 1999, filed by Mr. Albán-Sánchez and Mrs. Cornejo de Albán, on the grounds that
an appeal for review might only be raised against a final judgment, and that in this
case the appeal was raised against the order holding the action time-barred.86 On
June 8, 2000, the Sixth Chamber dismissed an appeal for review of facts as well of
law filed by Dr. Fabián Espinoza-Cuesta where the accused alleged that all the
motions he had raised were dismissed.87
86.
On August 17, 2000, the Fifth Judge issued an official letter addressed to the
Property Registrar (Registrador de la Propiedad) ordering the embargo on Dr.
Espinoza-Cuesta’s property.88 On that same date, the Fifth Judge issued an official
letter requesting the Chief of the Pichincha Judicial Police to locate and apprehend
Dr. Fabián Espinoza-Cuesta.89 On January 4, 2001, the Fifth Criminal Court
requested the Director of the National Migration Office (Director Nacional de
Migración) information on Dr. Fabián Espinoza-Cuesta’s migration-related action.90
82
Cf. court order of the Sixth Chamber of December 13, 1999 (file of internal proceeding, criminal
case No. 010-97-AP, volume XI, pp. 2036 to 2050).
83
Cf. brief filed by Laura Albán’s parents addressed to the members of the Sixth Chamber, undated
(file of appendixes to the application, appendix 38, pp. 173 to 176).
84
Cf. order of the Sixth Chamber of February 16, 2000 (file of appendixes to the application,
appendix 39, p. 178)
85
Cf. order of the Sixth Chamber of March 17, 2000 (file of internal proceeding, criminal case No.
010-97-AP, volume XI, p. 2051). In the proceedings before the Inter-American Court, no evidence on the
filing of the motion of appeal was furnished.
86
Cf. order of the Sixth Chamber of April 24, 2000 (file of internal proceeding, criminal case No.
010-97-AP, volume XI, p. 2052).
87
Cf. order of the Sixth Chamber of June 8, 2000 (file of internal proceeding, criminal case No.
010-97-AP, volume XI, p. 2053). In the proceedings before the Inter-American Court, no evidence on the
filing of the appeal for review of facts was furnished.
88
Cf. official letter of August 17, 2000, issued by the Fifth Criminal Court to the Property Registrar
(file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2057).
89
Cf. official letter of August 17, 2000 issued by the Fifth Criminal Court to the Chief of the
Pichincha Judicial Police (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2058).
90
Cf. official letter of January 4, 2001, issued by the Pichincha Fifth Criminal Court to the National
Director of Migration (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2068).