13
76.
Regarding the mandate given to Mr. Cortez by the National Police during the date, time
and place when and where Jose Luis Garcia Ibarra lost his life, on October 20th, 1992, the Provincial
Command Secretary of the National police of “Esmeraldas” No. 14, issued a certificate indicating that:
In memorandum Nro-92-349-CO-14 of December 10, 1992, the Provincial Command of
Esmeraldas Nro. 14 determines that Mister Police Officer Segundo Guillermo Cortez Escobedo,
th
presents himself on September the 14 at 7:00 at the police headquarters of Esmeraldas, for him
to reinforce security in the central square for 15 days
th
During the 15 days of concentration, starting from the 14 of September, 1992, Mister National
Police Officer Segundo Guillermo Cortez de Escobedo, was providing his services in his command,
13
24 hours a day .
77.
This information was confirmed by Police Officer Guillermo Cortez who in the
framework of the criminal investigation, explained to the substantive judge that he had been assigned
to reinforce security in the square since the day before the facts took place (September 14) by 24 hour
shifts and for 15 days.
78.
The statements from the witnesses present at the scene and from the shooter himself
concur that on September 15, 1992, teenager José Luis García Ibarra was in his neighborhood, sitting
under a tree chatting with two friends, also teenagers, and identified as Byron Rolando Saa Macías and
Cristian Cristóbal Rivadeneira.14 At approximately 8:30 p.m., a youth by the name of Segundo Rafael
Mosquera Sosa, age 1915 and nicknamed “zapatón”, approached the teens to chat. At that very
moment, police officer Guillermo Segundo Cortez Escobedo appeared, walking with a friend by the
name of Jhonny Mendoza Salazar.16
…continuación
of June 19, 2009); Appendix 5. Statement by Hugo Enrique Menendez to the Third Criminal Court of Esmeraldas, December 3,
1992 (attachment to the petitioner’s brief of June 19, 2009); Appendix 6. Statement by Susana Arminda Perea Quintero to the
Third Criminal Court of Esmeraldas, December 3, 1992 (Attachment to the petitioner’s brief of June 19, 2009); Appendix 7.
Statement by Cristian Cristóbal Rivadeneira to the Third Criminal Court of Esmeraldas, December 3, 1992 (Attachment to the
petitioner’s brief of June 19, 2009); Appendix 8. Out-of-court testimony of Guillermo Segundo Cortez Escobedo, mentioned in
the Prosecution’s Filing of January 7, 1995 (Attachment to the original petition of November 8, 1994); Appendix 9.
Prosecution’s Filing (Attachment to the original petition of November 8, 1994); Appendix 10. Copy of the order for
commencement of oral proceedings, from the Esmeraldas Superior Court, paragraph 4 (Attachment to the original petition of
November 8, 1994); Appendix 11. Office of Criminal Investigation, Report of Corporal Lupo Quiñonez. (Attachment to the
State’s briefs of September 5, 1996).
12
Appendix 9. Prosecution’s Filing (Attachment to the original petition).
13
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), Volume II, p. 52.
14
Appendix 7. Statement by Cristian Cristóbal Rivadeneira to the Third Criminal Court of Esmeraldas, December 3,
1992 (attachment to the petitioner’s brief of June 19, 2009); Appendix 13. Statement by Byron Rolando Saa Macias in the
Prosecution’s Filing (attachment to the original petition of November 8, 1994).
15
Appendix 14. Review of the Forensic examination conducted on November 19, 1992 (attachment to the petitioners’
brief of June 19, 2009).
16
Appendix 2. Statement from the alleged victim’s mother, Vicenta Ibarra Ponce, made at the First National Police
Precinct on September 16, 1992 (Attachment to the original petition of November 8, 1994); Appendix 4. Statement by
Segundo Rafael Mosquera Sosa to the First National Police Precinct, September 15, 1992 (attachment to the petitioner’s brief
of June 19, 2009); Appendix 5. Statement by Hugo Enrique Menendez to the Third Criminal Court of Esmeraldas, on December
3, 1992 (Attachment to the petitioner’s brief of June 19, 2009); Appendix 6. Statement by Susana Arminda Perea Quintero to
Continúa…