by the XIth Judge of Manabí, the reconstruction of the crime took place on March 13, 2000, 63
and the site of the crime was inspected on March 21 that year. 64
44.
On February 29, 2000, the XIth Judge of Manabí extended the court order to
investigate the alleged crime to Lenin Ordoñez, Freddy Contreras, Medardo Cevallos GómezPiñán, Ramon Bravo Mera, Vicente Dominguez, Jhonny Menendez, Carlos Alfredo Cedeño
Vite (hereinafter also “Carlos Cedeño”)65 and Marcelino Gomez,66 and ordered their
preventive detention. 67
45.
On March 9, 2000, Lenin Ordoñez gave preliminary statement before the XIth Judge
of Manabí. His testimony about the events that led to the death of Mr. Palma Mendoza was
similar to that he had previously given (supra para. 42); he also indicated that Freddy
Contreras had killed Mr. Palma Mendoza and also Jorge Jhon Mero Parrales, because “they
had tried to leave.” Lenin Ordoñez also said that, at the time, Medardo Cevallos had
indicated that his uncle, named “Marcelino Gomez [Ponce], and a General” would “take over”
when the abductors reached Palestina with Mr. Palma Mendoza and Jorge Jhon Mero
Parrales.68
46.
On March 14, 2000, Rosalía Mariuxi Palma Bravo (hereinafter “Rosalía Palma”), Mr.
Palma’s daughter, filed a civil action before the XIth Judge of Manabí, “for a crime against
persons,” in connection with the “murder” of her father, accusing Medardo Cevallos Balda,
Alberto Cevallos Gómez-Piñán, Medardo Cevallos Gómez-Piñán, David Cevallos Gómez-Piñán,
63
Cf. Record of reconstruction of the facts dated March 13, 2000, signed by the experts Jorge R. Melo Rivera
and Rubén Darío Loor Mero, the Secretary Bernardo Zambrano Zambrano and the XIth Judge of Manabí, Roger Pico
Benítez (file of appendices to the Admissibility and Merits Report, appendix 28, folios 120 to 123).
64
Cf. Record of inspection of the crime scene dated March 21, 2000, signed by the experts Jorge R. Melo
Rivera and Rubén Darío Loor Mero, the Secretary Bernardo Zambrano Z., and the XIth Judge of Manabí, Roger Pico
Benítez (file of attachments to the pleadings and motions brief, attachment 26, folios 1574 and 1575).
65
The decision on the appeal issued by the Fourth Chamber of the Superior Court of Justice of Portoviejo on
February 16, 2001, clarifies that the person called “Carlos Vite […] responds to the name of Carlos Alfredo Cedeño
Vite” (file of attachments to the pleadings and motions brief, attachment 50, folios 1709 to 1716).
66
This fact is indicated in the decision on the appeal issued by the Fourth Chamber of the Superior Court of
Justice of Portoviejo on February 16, 2001, folios 1709 to 1716.
67
It should be clarified that, on the same date, the preventive “detention” of the first four individuals named
was ordered by the President of the Superior Court of Justice “[i]n criminal trial No. 127-99 […] for the death of the
politician Jaime Hurtado González and others.” Cf. Official note No. 419-CSQ-P of February 29, 2000, signed by the
Secretary of the President of the Superior Court of Quito, Ángel Ramírez Martínez, and addressed to the National
Director of the Judicial Police (file of appendices to the Admissibility and Merits Report, appendix 26, folios 106 and
107). In addition, the preventive “detention” of the same persons and of the other persons mentioned was ordered
by the XIth Judge of Manabí, in relation to the investigation of the events that resulted in the death of Mr. Palma
Mendoza. Cf. Judicial Order of the XIth Judge of Manabí of February 29, 2000, folios 1503 to 1505. The evidence
before the Inter-American Court reveals that the preventive detention was implemented against Lenin Ordóñez,
Freddy Contreras, and Vicente Domínguez. There is no record that this measure was implemented with regard to the
other individuals mentioned. In this regard, it can be inferred from the evidence that, at least until January 22,
2001, Carlos Alfredo Cedeño Vite and Jhony Menéndez had not been captured, and there is no record that they were
detained subsequently (cf. Order to open the plenary proceedings issued by the XIth Judge of Manabí on January
22, 2001 (file of attachments to the pleadings and motions brief, attachment 49, folios 1698 to 1707. This indicates
that “the plenary proceedings are suspended in relation to the accused Carlos Alfredo Cedeño Vite and Jhonny
Menéndez, until they are captured or present themselves voluntarily”). Furthermore, there is no record that the
other individuals mentioned were deprived of their liberty. On May 9, the order of preventive detention issued
against the accused Medardo Cevallos Gómez-Piñán, Marcelino Ponce and Ramón Bravo Mera was revoked (cf. infra
para. 51).
68
Cf. Preliminary statement by Lenin Ordóñez before the XIth Judge of Manabí on March 9, 2000 (file of
appendices to the Admissibility and Merits Report, appendix 27, folios 109 to 118).
16