15 group in a state of intoxication21 and attacked Segundo Rafael Mosquera Sosa punching him with his fist and then pulling out his gun and hitting him with the back of it and kicking him repeatedly. Mosquera tried to show the policeman that he had just had surgery but the policeman did not stop beating him and the young man could not oppose any resistance. In this sense, these declarations confirm that when the policeman finished beating Mosquera, he turned his sight towards youngster Jose Luis Garcia Ibarra, who was close to the store and he deliberately shot at him, without any provocation22. 83. On the other hand, police officer Guillermo Cortez indicated that he had a fight with youngster Segundo Rafael Mosquera Sosa because he tried to rob him, and that he was struggling with him when he heard a shot that had hit Jose Luis Garcia Ibarra23. Policeman Guillermo Segundo Cortez Escobedo indicated that this shot was accidental and was a result of the struggling24. The state agent justified the situation stating that it was a group of “gangsters” and that young Mosquera Sosa had tackled him for no apparent reason to rob him and steal his gun”25. B. Investigations and judicial proceedings instituted into the death of José Luis García Ibarra 84. On September 16, 1992, Pura Vicenta Ibarra Ponce, mother of José Luis García Ibarra, appeared at Esmeralda’s First National Police Precinct and filed a complaint against police officer Guillermo Segundo Cortez Escobedo for her son’s murder.26 In addition, the members of the Taxi Cooperative “Su Amigo” sent a telegram to the National Congress, the Police Command, the Ecumenical Human Rights Commission, to several representatives and to the Governor of Esmeraldas, denouncing that young Jose Luis Garcia Ibarra had been murdered the day before by a policeman that was not in 21 Appendix 2. Statement by the mother of the alleged victim, Vicenta Ibarra Ponce, to the First National Police Precinct, September 16, 1992 (Attachment to the original petition of November 8, 1994). Appendix 5. Statement by Hugo Enrique Menendez, mentioned in the judgment of Judge Eugenio Guerrero, Esmeraldas Criminal Court, November 17, 1995. 22 Appendix 2. Statement by the mother of the alleged victim, Vicenta Ibarra Ponce, to the First National Police Precinct, 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, 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 9. Prosecution’s Filing (attachment to the original petition); Appendix 15. Esmeraldas Superior Court, Order for commencement of oral proceedings, par. 7, October 31, 1994 (attachment to the original petition). 23 Appendix 16. Statement by Luis Enrique Quiñonez Canga and Vistor Omar Bueno Hinostrosa, hearing at Esmeraldas Criminal Court on September 5, 1995 (Attachment to the petitioner’s brief of April 10, 1996). See also, Appendix 17. Statement by Aracey Cobeña Moreira in the Prosecution's Filing (attachment to the original petition). 24 Appendix 8. Out-of-court testimony by Guillermo Segundo Cortez Escobedo, mentioned in the Prosecution’s Filing of January 7, 1995 (attachment to the original petition). 25 Appendix 8. Out-of-court testimony by Guillermo Segundo Cortez Escobedo, mentioned in the Prosecution’s Filing of January 7, 1995 (attachment to the original petition); Appendix 18. Statement by Eddy Rogrigues contained in the police report, mentioned in the Prosecution's Filing. 26 Appendix 19. Complaint filed by the alleged victim’s mother, Vicenta Ibarra Ponce, with the First National Police Precinct, dated September 16, 1992 (Attachment to the original petition dated November 8, 1994).