Criminal Chamber" and that he "undertook the position a few hours before the issuance of the order", given the temporary absence of Judge Primo Díaz. They also mentioned in the letter that "if the hearing has not taken place, it was precisely at the request of the complainant, since at the first hearing he was out of the country" and that this was one of the reasons "for the alleged excess of the established deadline." Finally, the brief noted violations of the "right to defense" and the "equality of conditions of the parties"48. 38. On September 16, César Pérez Barriga recused Judges Hellen Mantilla Benítez, Henry Morán Morán, and Guillermo Freire, who were members of the Second Criminal Chamber of the Provincial Court of Justice of Guayas, for "lack of integrity" and "lack of impartiality"49; however, a hearing was held in which Emilio Palacio Urrutia and his lawyers did not participate50. 39. The court rejected the arguments on the nullity and immediately went on to hear the arguments on the appeal. At the end of the day of approximately 12 hours, the procedure was suspended for September 22, but continued on September 20 after an irregular action by the Second Criminal Chamber of the Provincial Court of Justice of Guayas, which issued a providence on Saturday the 17th which that was notified on September 19. On September 20, the hearing continued and on September 22 the judgment was published with a vote that declared the innocence of Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga, and César Enrique Pérez Barriga, "as well as the non-responsibility of the company El Universo S.A." and "confirms the culpability in the degree of author of Emilio Palacio Urrutia" with a penalty of "six months in prison". In that regard, the appeal was rejected and the judgment of first instance "in all its parts" was ratified51. 40. Regarding linguistic expertise, the second instance judgment mentions, "we note that this request was not applicable, because the imputed offence, slanderous insult, is one of those committed through social media -in this case written press- and therefore it was enough to read the article, as a common citizen, to establish its meaning and scope, being therefore adequate according to the procedural rule, the appreciation of said expertise request by the Temporary Judge [...]”52. 2.3 Proceedings pursued 2.3.1 Extension of the appellate court ruling 41. On September 23, 2011, former President Correa requested the clarification and extension of the second instance judgment, despite having withdrawn the appeal as mentioned. In the letter, he requested that the recusal presented by César Enrique Pérez Barriga on September 16 be declared "unfounded" for having presented it before "the Chamber" and not before the "Secretariat of the Presidency of the Provincial Court of Guayas, so that it would be sorted among one of the District Criminal Chambers"; and declare the "abandonment of the remedies for annulment and appeal filed by Messrs. Emilio Palacio Urrutia, Carlos Pérez Barriga, Carlos Pérez Lappenti, and the Company El Universo" because they were not present at the beginning of the hearing”. On September 26, based on the brief presented by Correa, the Second Criminal Chamber of the Provincial Court of Justice of Guayas, without communicating this to the parties, extended the sentence in the sense of marking the recusal claim filed by the defendants on the day of the hearing as "not filed", and the abandonment of the remedies for annulment and appeal filed by Emilio Palacio Urrutia for not having participated in the appeal hearing; the enforcement of the judgment of first instance against Palacio was ordered53. 42. On September 30, 2011, former President Correa presented a brief before the Second Criminal Chamber of the Provincial Court of Justice of Guayas, in which he reiterated the request to declare the abandonment of the remedies presented by Carlos Eduardo Pérez Barriga, Carlos Nicolás Pérez Lapentti, and 48 Annex 20. Briefs of challenges. Annex No. 54 of the Initial Petition presented to the IACHR on October 24, 2011. 49 Annex 21. Recusal of judges by César Enrique Pérez. Annex No. 55 of the Initial Petition presented to the IACHR on October 24, 2011. 50 Annex 22. Nullity and Appeal Hearing Certificate. Annex No. 56 of the Initial Petition presented to the IACHR on October 24, 2011. Annex 23. Second instance documents, continuation of hearing and sentence. Annexes No. 57, 58, 59, 60 of the Initial Petition presented to the IACHR on October 24, 2011. 51 Annex 23. Second instance documents, continuation of hearing and sentence. Annexes No. 57, 58, 59, 60 of the Initial Petition presented to the IACHR on October 24, 2011. 52 Annex 24. Request for extension and clarification; and extension sentence. Annexes No. 61 and 62 submitted by the petitioners to the IACHR in the petition brief of October 24, 2011. 53 10