That no more than two minutes elapsed between the moment that the officer was left alone with the detainee and the moment when the shot was heard, and it has been established that no other person was present during that time. It has also been proven that the officer returned to the vehicle after the shot was heard, but did not explain what had happened to the detainee. […] [O]ne of the medical examiners involved in the forensic identification and autopsy, clarified, among other things, that, given the location of the internal injuries in vital organs such as the lungs and heart, death must have occurred within a few seconds, in other words, death was instantaneous, and it is not possible that the victim ran away as the defendant claimed. Nor can it have been the result of a struggle, with the detainee trying to seize the police officer’s weapon, because the technical evidence indicated that the shot was fired at a distance of more than 80 cm. […], demonstrating that whoever shot the victim was behind him, and the victim had his back turned to him. 43 49. The police court considered as mitigating factors “his conduct before and after the offense,” as well as the fact that he had “surrendered himself for trial voluntarily.” The court ruled that the time that the defendant had spent in custody should be deducted from the custodial sentence, and ordered as additional parts of the sentence that he be dismissed from the National Police and pay damages. 44 50. On November 5, 2002, the Second District Court of the National Police confirmed the sentence, following an appeal filed by the person who brought the private prosecution and a consultation filed by the lower court. 45 51. On February 25, 2003, the National Court of Police Justice confirmed the sentence after the person who brought the private prosecution took the case to the highest level of appeal. 46 52. On February 18, 2003, by means of general order No. 35, officer Rivera Enríquez was dismissed from the police force. 47 53. On June 11, 2003, the Second Court of the Fourth National Police District ordered that former Second Lieutenant Rivera Enríquez be located and arrested, so that he could serve the sentence imposed. 48 He was not captured. 54. On January 5, 2007, the Second Court of the Fourth National Police District cancelled the arrest warrant issued against former officer EPYE because he had surrendered himself for trial through his defense attorney. 49 This Court was not informed of the continuation of the proceedings against him. 55. On March 15, 2012, at the request of former Second Lieutenant Rivera Enríquez, the Tenth Court of Criminal Guarantees of Guayas declared that execution of the sentence imposed had fallen under the statute of limitations, because: Eight years and 363 days have elapsed […] since the date of the final judgment; as the defendant was sentenced to eight years’ imprisonment and the sentence expires after the length of time specified therein, [...] the sentence has now expired [...]. 50 43 Cf. Judgment of the Criminal Court of Senior Officers of the National Police of April 19, 2002 (evidence file, volume I, annex 16 to the Merits Report, folios 109 and 110). 44 Cf. Judgment of the Criminal Court of Senior Officers of the National Police of April 19, 2002 (evidence file, volume I, annex 16 to the Merits Report, folios 109 and 110). 45 Cf. Ruling of the Second District Court of the National Police of November 5, 2002 (evidence file, volume I, annex 17 to the Merits Report, folios 112 and 113). 46 Cf. Ruling of the National Court of Police Justice of February 25, 2003 (evidence file, volume I, annex 18 to the Merits Report, folios 116 to 119). 47 Cf. General Order No. 35 of February 18, 2003 (evidence file, volume III, annex 27 to the answering brief, folios 1174 and 1175). 48 Cf. Decision of the Second Court of the Fourth National Police District of June 11, 2003 (evidence file, volume I, annex 19 to the Merits Report, folio 122). 49 Cf. Decision of the Second Court of the Fourth National Police District of January 5, 2007 (evidence file, volume III, annex 23 to the answering brief, folio 1123). 50 Cf. Decision of the Tenth Court of Criminal Guarantees of Guayas of March 15, 2012 (evidence file, volume III, annex 24 to the answering brief, folio 1158). 12