raised by Medardo Cevallos Gómez-Piñan; (g) preliminary testimony of Rosalía Palma; (h) preliminary testimony of “Rosa Parrales Cedeño, mother of Jhon Mero Parrales”; (i) the waiver of civil actions by the persons mentioned; (j) the testimony of police agent Bonifacio Lino Caicedo “when being interrogated by the judge on the questions raised by Medardo Cevallos Gómez-Piñan,” and (k) preliminary statements of the accused Freddy Contreras and Vicente Domínguez (supra para. 48). 52. In the same decision, the XIth Judge of Manabí indicated that “the said accused must appear on […] May 29, [2000, …] to make their preliminary statements.” 83 Regarding the decision to revoke the preventive detention, on May 12, 2000, the XIth Criminal Prosecutor of Manabí indicated his disagreement in writing to the XIth Judge of Manabí, stating among other considerations that, in cases of discontinuance, it should be recalled that the proceedings must continue with the intervention of the Public Prosecution Service and the judge himself ex officio, because the act was common knowledge. 84 He added, referring to the judge, that in another order, the latter had: ordered this precautionary measure against the said accused based on the evidence that existed in the Police Report […] without, to […] date, any evidence existing that has disproved or eliminated these indications; consequently, he asked that the order examined above be revoked and the order of preventive detention be re-issued against Medardo Cevallos Gómez-Piñán, Marcelino Ponce and Ramón Bravo Mera.85 53. On May 9, 2000, Perfelita Mendoza Aguallo, Mr. Palma’s mother, filed a civil action against Medardo Cevallos Balda, Alberto Cevallos Gómez-Piñán, Medardo Cevallos GómezPiñán, David Cevallos Gómez-Piñán, Ramón Bravo Mera, Carlos Cevallos and Marcelino Gómez Ponce as masterminds, and against Lenin Oswaldo Ordoñez Ortiz, Freddy Simón Contreras Luna, Stanley Vicente Dominguez Avilés, Johnny Menéndez and Carlos Vite as perpetrators of her son’s murder; the same people who Rosalía Palma had accused, with the exception of the lawyer Reyes and the lawyer Montaño. 86 54. Nevertheless, in a decision of May 23, 2000, the XIth Judge of Manabí incorporated into the proceedings, the civil actions only with regard to the accused Ignacio Buenaventura Reyes Cárdenas, Isabel Montaño de Mera and Lenin Ordoñez, “because the case file reveals the […] discontinuance granted in favor of the other defendants, which makes it impossible to file another civil action against them owing to the provisions of article 48 of the Code of 83 Cf. Decision of the XIth Judge of Manabí of May 9, 2000, folios 135 to 137. 84 Cf. Brief of May 12, 2000, signed by the XIth Criminal Prosecutor of Manabí and addressed to the XIth Judge of Manabí (file of appendices to the Admissibility and Merits Report, appendix 34, folios 140 and 141). In this regard, article 47 of the Ecuadorian Code of Criminal Procedure, Law 134 of June 10, 1983, in force at the time the civil actions were filed, stipulated the following: In case of discontinuance of the accusation, or its abandonment, the proceedings shall continue with the intervention of the Public Prosecution Service. In the case of abandonment, the judge is obliged, opportunely, to define whether the accusation has been malicious or injudicious. Discontinuance is only admissible if the accused expressly agrees to this during the proceedings. Meanwhile, prior to the amendments of March 2009, article 62 of the Code of Criminal Procedure, Law 0, Official Gazette Supplement 360 of January 13, 2000, established: In case of discontinuance of the accusation in criminal actions, the proceedings shall continue with the intervention of the Public Prosecution Service. 85 Cf. Brief signed by the XIth Criminal Prosecutor of Manabí of May 12, 2000, folios 140 and 141. 86 Cf. Brief of Perfelita Mendoza Aguallo of May 9, 2000, authenticated with her fingerprint, and signed by her lawyer, addressed to the XIth Judge of Manabí (file of attachments to the pleadings and motions brief, attachment 39, folios 1650 and 1651). 19