Wesson firearm, serial number AUF2290. Also found were six “undischarged centerfire” .38 cartridges; six
"discharged centerfire" casings of the same caliber, and two bullet fragments that are “deformed," whose
caliber, therefore, cannot be determined.
82.
On December 10, 1992, the Judge of the Second National Police District initiated the criminal
proceeding in the police jurisdiction with the respective order to open an inquiry, based on the official
request presented by the prosecutor, and instructed the taking of: (i) statements "without an oath, in view of
the possible criminal liability” that might be incurred, from Police Corporal Luis Lema and from all the other
police personnel who were involved in the operation; and (ii) witness testimony from “all those with
knowledge of the act under investigation.”63
83.
On December 14, 1992, the National Police Commissioner of Riobamba Canton indicated that
Mr. Valencia had been on “duty on the first shift” on December 3, 1992, and therefore requested that "the
case, with all the procedures carried out thus far be transferred to the National Police Magistrate's Court for
the relevant legal purposes.”64
84.
On December 28, 1992, the Chimborazo Province Police Commandant submitted to the
National Police Commissioner a report on the events prepared by the National Bureau of Investigations of the
National Police of Ecuador, dated December 17, 1992. 65 That report states that at the facilities of the Tennis
Club Sports Complex it was possible "to observe that there is a security guards’ building ... on the front of
which there are two impact marks caused by a firearm projectile: one in the wall and another in one of the
window panes. At the rear of the building in the second pane of the left window there is a firearm project
shall exit hole; in the next windows along the panes are partially destroyed On the left side of that building
there is a large window broken.
85.
On January 4, 1993, the National Police Commissioner sent the National Police District Judge
the relevant documentation connected with the death of Mr. Valencia. 66 That same day, Mrs. Patricia
Alexandra Trujillo Esparza, Mr. Valencia's widow, presented a private indictment against “Police Second
Lieutenant Hernán Cabezas Gallegos, Second Lieutenant Luis Piedra Meza, Captain Patricio Ramírez, and
policemen Segundo Márquez, Homero Bermeo, Guillermo Páez.”67
86.
On January 20, 1993, Mrs. Patricia Trujillo Esparza presented a written communication in
which she desisted from the indictment against Captain Patricio Ramírez, she being willing to acknowledge
the signature and initials.68 On January 29, 2093, the National Police Commissioner of Ríobamba Canton
[… continuation]
62 Appendix 29. Expert’s report on the firearm, submitted by Police Major Carlos Echeverría Benitez. December 10, 1992.
Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
63 Appendix 30. Written communication from the Judge of the Second National Police District, dated December 10, 1992.
Appendix 10 to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
64 Appendix 31. National Police Commissioner’s written communication of December 14, 1992 Appendix 8 to the State’s
communication of February 7, 2011, received at the IACHR on February 14, 2011.
65Appendix 4. National Police of Ecuador. National Bureau of Investigations, Report 1887-OID-CH., December 17, 1992.
Appendix 9 to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
66 Appendix 32. Written communication of the National Police Commissioner to the Judge of the Second National Police
District, dated January 4, 1993. Appendix 3 to the State’s communication of February 7, 2011, received at the IACHR on February 14,
2011.
67 Appendix 33. Private indictment. Appendix to the State’s communication of February 7, 2011, received at the IACHR on
February 14, 2011.
68 Appendix 34. Desistance communication from Mrs. Patricia Alexandra Trujillo Esparza, January 20, 1993. Appendix to the
State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.