86.
On May 9, 2000, the XI Criminal Court Judge of Manabí revoked the
preventative imprisonment order against the accused Medardo Cevallos Gómez-Piñán,
Marcelino Gómez Ponce, and Ramón Bravo Mera, based on the aforementioned dropping of
charges.78
87.
On May 12, 2000, the XI Criminal Prosecutor of Manabí sent an written
statement to the Eleventh Criminal Court Judge of Manabí expressing his objection to the
revocation of the preventative prison authorized by the judge on May 9, 2000, since he had
only taken into account the fact that family members of Mr. Palma and Mr. Jhon Mero
Parrales had dropped charges. The Prosecutor reminded the judge that the trial should move
forward under the direction of the Public Ministry and de oficio by the judge himself.79
88.
On May 23, 2000, the charges filed by the family members of Mr. Palma, by
the family of Jhon Mero Parrales, and by the mother of Marco Bienvenido Palma Mendoza,
Perfilita Matilde Mendoza Aguayo, were incorporated into the process, but only with respect
to the accused Ignacio Reyes Cárdenas, Isabel Montaño de Mera, and Lenin Oswaldo
Ordóñez “since by order it has been established that the signatures and stamps on the
document dropping charges against the other accused parties have been inspected.”80 On
May 26, 2000, Mrs. Perfelita Matilde Mendoza Aguayo filed a motion before the Eleventh
Criminal Court Judge of Manabí, to recall the order issued on May 23, 2000, based on the
fact that only the victims can drop charges based on Article 48 of the CPP and not the
family members of the victims.81 In her statement, Mrs. Perfelita Mendoza reiterated her
accusations against both the direct perpetrators and the intellectual authors of her son’s
murder.82
89.
On January 22, 2001, the Judge of the Eleventh Criminal Court of Manabí
issued the order to initiate the trial stage of criminal proceedings against Lenin Ordóñez
Ortiz, Freddy Contreras Luna, Stanley Vicente Domínguez Avíles, Carlos Alfredo Cedeño
Vite, and Jonny Menéndez and provisionally dismissed charges against the other accused
parties.83 On March 19, 2001, the Sixth Criminal Court of Manabí issued its judgment
against Lenin Oswaldo Ordóñez Ortiz, Freddy Simón Contreras Lunas, and Stanley Vicente
Domínguez Avíles, sentencing them to 12 years in prison (reclusión mayor extraordinaria)84
based on Article 450, paragraphs 1, 4, and 5 of the Criminal Code,85 and ordering them to
pay, costs, and damages to Mrs. Perfelita Matilde Mendoza, mother of Marco Bienvenido
78
Resolution of the XI Criminal Court of Manabí, Manta, May 9, 2000, signed by Atty. Roger Pico
Benítez, Judge of XI Criminal Court of Manabí. Appendix to the State’s communication dated August 24, 2000.
79
Ministry of the Attorney General, Criminal Case No. 319-97, signed by Attorney George Moreira
Mendoza, Prosecuting Attorney for the XI Criminal Court of Manabí. Appendix to the communication of the State
on August 24, 2000.
80
Manta, May 23, 2000, 10:00 hrs. Escrito signed by Atty. Bernardo Zambrano, Secretary of the XI
Criminal Court of Manabi and by Atty. Roger Pico Benitez, Judge of the XI Criminal Court of Manabi. Trial 319-97.
6º Corps. Appendix to the communication of the State dated August 24, 2000.
81
Written statement addressed to the Judge of the Eleventh Criminal Court of Manabí, signed by Atty.
Maria Bescy Mendoza Bravo. Trial 319-97, 6º Corps. Appendix to the communication of the State dated August
24, 2000..
82
Written statement addressed to the Judge of the Eleventh Criminal Court of Manabí, signed by Atty.
Maria Bescy Mendoza Bravo. Trial 319-97, 6º Corps. Appendix to the communication of the State dated August
24, 2000.
83
Criminal Court of Manabí, Manta, March 19, 2001. Appendix to the petitioner’s communication dated
November 17, 2005.
84
Criminal Court of Manabí, Manta, March 19, 2001. Appendix to the petitioner’s communication dated
November 17, 2005.
85
Article 450 of the Criminal Code of Ecuador establishes: “Homicide that is committed with any of the
following circumstances is murder and shall be punished with imprisonment (reclusión mayor extraordinaria) of
twelve to sixteen years,: 1. With premeditation, 4. With cruelty, deliberately and inhumanely increasing the pain of
the victim; 5. When the victim has not been allowed to defend himself.”