45.
On September 13, 1995, the 11th Court gave the Guayas Seventh Transit
Prosecutor (hereinafter “the Prosecutor”) 48 hours to issue an opinion regarding the
case. There is no record of a response to this request.
46.
On September 30, 1996, the 11th Court closed the preliminary proceedings and
ordered that the records be sent to the Prosecutor to issue a legal ruling.
47.
On March 4, 1997, the Prosecutor issued his ruling. 20 He noted that there was
sufficient evidence to believe Mr. Carranza had participated in a “criminal act” of
homicide. He declined to charge the other person who had been linked to the trial (supra
para. 36) due to a lack of merit.
48.
On March 7, 1997, the Court notified Mr. Carranza’s lawyer of the formal charges
and set a period of six days for a response. The Court received no information indicating
there was any response to said notification of charges.
49.
On April 14, 1997, the 11th Court initiated the trial stage, accepting the
prosecutor's formal charges.
50.
On March 30, 1998, the Guayas Fourth Criminal Court (hereinafter “Criminal
Court”) took over the case.
51.
On July 23, 1998, the Criminal Court summoned the parties for a public hearing
to be held on the 27th day of the same month. The hearing was postponed several
times. 21 It finally took place on December 1, 1998.
C) The sentence and serving the sentence
On December 15, 1998, the Criminal Court issued a guilty verdict,
sentencing Mr. Carranza to “six years of ordinary imprisonment.” The Commission
52.
and the State noted that Mr. Carranza did not present any appeal against said judgment.
53.
The State noted that on March 29, 1999, the Criminal Court stated that Mr.
Carranza “[had] completed the sentence of six years of [o]rdinary [i]mprisonment and
that with a sentence discount of 755 days granted to him,” he had completed the
sentence imposed. The following April 6th, Mr. Carranza’s release form was sent to the
Men’s Social Rehabilitation Center of Guayaquil.
VII
20
Although the representative asserted that this occurred on April 21, 1997, the evidence shows that
the document has a date of March 4, 1997 (cf. Prosecutor's formal charges of March 4, 1997. Evidence file,
annex 19 to the response, folios 563 to 567).
21
On July 27, 1998, Mr. Carranza refused to attend the hearing due to illness. The Criminal Court
delayed the hearing until the following August 4th. It is not recorded what took place on that date or the
reason why the hearing might have been suspended, but on August 11, 1998, the Criminal Court delayed the
hearing and on the 24th of the same month called for it to be held two days later. On August 26, 1998, the
Prosecutor asked the Criminal Court to be excused from the hearing because he had been notified of another
public hearing on August 21st. On the 31st of that month, the Criminal Court set the following September 3rd
as the hearing date. It did not take place on that day because the President of the Criminal Court was in a
meeting with members of the Supreme Court of Justice. On September 17, 1998, the hearing was convened
for the 21st of the same month. However, as the State noted, on November 27, 1998, the Criminal Court
convened the public hearing for December 1st of that year. It is not recorded why the hearing was not held
on September 21, 1998.
12