30 87. On November 10, 2006, Laura Albán’s parents informed the Fifth Criminal Court that they had learned that Dr. Espinoza-Cuesta was no longer in Ecuador after searching the Internet.91 88. On November 20, 2006, the Fifth Criminal Court forwarded to the President of the Supreme Court of Justice the case file of the criminal proceedings conducted against Dr. Espinoza-Cuesta to carry on with his extradition.92 On January 30, 2007, the Office of the President of the Supreme Court of Justice took up the request for extradition of Dr. Fabián Espinoza-Cuesta stating that, to carry on with the procedure, evidence that the action was not time-barred must be furnished. Thus, it requested the Fifth Judge to issue an order regarding this point.93 89. On January 31, 2007, the Fifth Court issued an official letter regarding the request of the President of the Supreme Court of Justice, and stated the following in relation to the legal situation of Dr. Fabián Espinoza-Cuesta: a) a court order to investigate the alleged crime was issued on January 10, 1997; ten years elapsed between said date and January 10, 2007; on December 13, 1999, the Sixth Chamber set the case for trial against said physician for allegedly committing the crime defined and punished under Article 456 of the Criminal Code; b) the established punishment for said crime is incarceration from three to six years. According to Article 101 of the Criminal Code, crimes punishable by incarceration are prosecutable on an on its own motion basis. If no trial has been initiated, a ten-year statute of limitations applies to the action to prosecute said crimes. If a trial has been initiated, the action to go ahead with prosecution is to be barred in a period of ten year as from the issuance of the court order to investigate the alleged crime; and c) ten years have elapsed from the issuance of the court order to investigate the alleged crime (from January 10, 1997 to January 10, 2007). Given that the established punishment for the crime allegedly committed by Dr. Fabián Espinoza-Cuesta is incarceration, the following conclusion has been reached: “the required time – that is, ten years– after which the criminal action brought against the aforementioned individual is to be time-barred has already elapsed[. C]onsequently, in the instant case, the criminal action is time-barred.”94 90. On October 16, 2007 the Fifth Criminal Court took up the criminal case and established that: 91 Cf. brief filed with the Fifth Criminal Court on November 10, 2006 by Laura Albán’s parents with record sheet of the Migration Office-Information Center about Dr. Espinoza-Cuesta dated March 23, 2001 (file of internal proceeding,, criminal case No. 010-97-AP, volume XI, p. 2093). 92 Cf. official letter of the Pichincha Fifth Criminal Court of November 20, 2006 (file of internal proceeding, criminal case No. 010-97-AP, volume XI, p. 2095). 93 Cf. order of the Supreme Court of January 30, 2007 (file of evidence to facilitate the adjudication of the case, pp. 2111 and 2112). 94 Cf. statement of the Fifth Criminal Court of January 31, 2007, addressed to the President of the Supreme Court of Justice (file of evidence to facilitate the adjudication of the case, pp. 2151 and 2152).