58. On January 22, 1002, the XIth Judge of Manabí issued an “order to open the plenary proceedings” against Lenin Oswaldo Ordonez Ortiz, Freddy Simón Contreras Luna, Stanley Vicente Domínguez Avilés, Carlos Alfredo Cedeño Vite and Johnny Menéndez Flores, presuming that they were responsible for the crime established in article 450, circumstances 1, 4, 5 and 7 of the Criminal Code in force. Regarding Medardo Cevallos Gómez-Piñán, Ramón Bravo Mera, Marcelino Gómez Ponce, Medardo Cevallos Balda, Alberto Cevallos Gómez-Piñán, David Cevallos Gómez-Piñán, Carlos Cevallos, Ignacio Buenaventura Reyes Cárdenas and Isabel Montaño de Mera, the Judge merely issued a “temporary stay of proceedings and provisional dismissal of the […] accused,” 95 considering that “the evidence that [had been] indicated was not [consistent] with their conduct” and, consequently, “there was no presumption either, owing to lack of relationship or affinity between this evidence and the purpose of the proceedings.”96 59. Carlos Cedeño, Jhonny Menéndez Flores, Medardo Cevallos Gómez-Piñán, Marcelino Gómez Ponce, Ramón Bravo Mera, Lenin Oswaldo Ordoñez Ortíz, Freddy Simón Contreras Luna and Stanley Vicente Domínguez Avilés filed an appeal against this decision. On February 16, 2001, the Fourth Chamber of the Superior Court of Justice of Portoviejo (hereinafter “the Fourth Chamber of the Portoviejo Court”) decided the appeal and ruled: (a) to confirm the order to open the plenary proceedings against Lenin Oswaldo Ordoñez Ortiz, Freddy Simón Contreras Luna and Stanley Vicente Domínguez Avilés, and (b) to revoke the order to open proceedings issued against Carlos Alfredo Cedeño Vite and Johnny Menéndez and, instead, issue an order for a temporary stay of proceedings. 60. In its reasoning of the said decision, the Fourth Chamber of the Portoviejo Court indicated: With regard to the accused CARLOS ALFREDO CEDEÑO VITE, JOHNNY MENENDEZ, MEDARDO CEVALLOS GOMEZ-PIÑAN, RAMON BRAVO MERA, MARCELINO GÓMEZ PONCE, MEDARDO CEVALLOS BALDA, ALBERTO CEVALLOS GOMEZ-PIÑAN, DAVID CEVALLOS GOMEZ-PIÑAN, CARLOS CEVALLOS, IGNACIO BUENAVENTURA REYES CARDENAS and ISABEL MONTAÑO DE MERA, although they have been implicated by the accused LENIN ORDOÑEZ ORTIZ, in accordance with the provisions of article 108 of the Code of Criminal Procedure, this testimony has no effects in relation to the co-accused; particularly since the accused ORDOÑEZ ORTIZ was detained as a result of a robbery he had committed of the property of other accused, so that, applying sound judicial discretion, his accusations lose their credibility; especially since there is no other evidence that ties what the accused LENIN ORDOÑEZ has indicated to the other accused […].97 61. On March 19, 2001, the Criminal Court of Manabi delivered judgment, in which it declared that “it had reach[ed] the conclusion that the crime of deprivation of liberty with death, perpetrated with malice and with cruelty, was committed against Jorge Jhon Mero Parrales and [Mr.] Palma Mendoza,” convicted Lenin Ordoñez, Freddy Contreras and Vicente Domínguez imposing a sentence of 12 years’ special long-term imprisonment, and also required the former “to pay for his share of the damage, owing to the discontinuance of the indictment in favor of the other accused.”98 The convicted men filed an appeal for annulment 95 Article 242 of the Code of Criminal Procedure in force at the time establishes, in relation to a provisional stay of proceedings, that: “[i]f the Judge considers that the existence of the crime has not been proved sufficiently, or, having proved its existence the guilty parties have not been identified, or there is insufficient evidence of the participation of the accused, he shall issue an order for the provisional stay of the proceedings and the temporary dismissal of the accused, declaring that, at that time, the hearing of the case cannot continue.” 96 Cf. Order to open the plenary proceedings of January 22, 2001, folios 1698 to 1707. 97 Cf. Decision on appeal issued by the Fourth Chamber of the Superior Court of Justice of Manabí, of February 16, 2001, folios 1709 to 1716. 98 Cf. Judgment of the Criminal Court of Manabi, Manta, of March 19, 2001, folios 10 to 17. 21