16
service and who had often attacked peaceful citizens, and expressing their worry and indignation for the
impunity and deterioration of the image and prestige of the members of the National Police27.
85.
On September 17, 1992, a forensic examination and autopsy were done on adolescent
José Luis García Ibarra at the municipal cemetery morgue. The autopsy found that the cause of death
was an “intracranial hemorrhage with encephalic laceration and multiple skull fractures produced by a
projectile from a firearm.”28
86.
On September 23, 1992, the First National Police Precinct issued an order for
investigation of the crime.29
87.
On September 30, 1992, the First National Police Precinct declined jurisdiction on the
grounds that it did not have competence; instead, it referred the case to a National Police Court in the
city of Quito, which came under police jurisdiction.30
88.
On October 8, 1992, the same First National Police Precinct rescinded the order
declining jurisdiction.31 It then ordered that the investigation and prosecution of the case was to
continue and that the case was to be sent to the case docketing/management office of the Esmeraldas
Superior Court, where it was assigned to the Third Criminal Court of Esmeraldas.32
89.
On October 14, 1992, the Third Criminal Court of Esmeraldas took cognizance of the
case, confirmed the order of detention pending trial against the accused Guillermo Segundo Cortez
Escobedo and ordered various measures. Among these measures was that the Commandant of
Esmeraldas Police Force No. 14 be instructed to have the individual in custody transferred to the Social
Rehabilitation Center. The court also ordered that the corresponding Constitutional Notice of
Incarceration be issued and that a copy of all the proceedings be sent to the accused at his place of
confinement. The Court also requested the criminal records of the accused on file with the district’s
criminal courts.33
90.
On October 15, 1992, the Third Criminal Tribunal requested the First and Second
Criminal Tribunals of Esmeraldas to send a copy of the criminal background certificates of the police
officer involved34.
27
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013). Statements on p.
39, Vol. II). See also, p. 36, Vol. II)
28
Appendix 3. Report on the forensic examination of and autopsy on José Luis García Ibarra. (Attachment to the
petitioners’ brief of June 19, 2009).
29
Appendix 20. Order for investigation of the crime (Attachment to the petitioners’ brief of June 19, 2009.
30
Appendix 20. Order setting the matter for trial (Attachment to the petitioners’ brief of June 19, 2009).
31
Appendix 21. Petitioners’ brief of August 12, 2003 and June 19, 2009.
32
Appendix 22. November 17, 1995 judgment of the Esmeraldas Criminal Court, delivered by Dr. Thelmo Palomeque
Medina (Attachment to the petitioners’ brief of April 10, 1996).
33
Appendix 23. October 14, 1992 order issued by the Third Criminal Court of Esmeraldas (Attachment to the
petitioners’ brief of June 19, 2009).
34
Appendix 12. Record of the judicial proceedings (Supplied by the petitioners on January 10, 2013), p. 47, Vol. II.