constitutional arrest warrant against [Drs.] Wilson Minchala and Emilio Guerrero, [together with] perpetrators, accomplices and accessories.” 91 On June 6, Emilio Guerrero asked the Criminal Judge to re-open the preliminary proceedings in order to receive his statement. 92 63. On February 17, 2003, the Criminal Judge issued a final decision convening a plenary hearing 93 against Emilio Guerrero, as perpetrator, ordering pre-trial detention for the accused, finding him responsible for the offense established in article 466 of the Penal Code. 94 However, since he was in hiding, the proceedings against him were suspended, until he appeared at a trial or was arrested, in application of article 254 of the Code of Criminal Procedure. 95 To this end, the Criminal Judge ordered “notification of the police authorities so that they may proceed to find and capture him.” Also, since the criminal responsibility of Wilson Minchala had not been proved, the provisional dismissal of the case against him was declared, pursuant to article 242 of the Code of Criminal Procedure. 96 64. On February 24, 2003, Emilio Guerrero filed an appeal before the Criminal Judge against the final decision convening a plenary hearing; 97 this was granted two days later, ordering the referral to a higher court. 98 When deciding the appeal, by a decision notified on June 29, 2004, the Third Plenary Chamber of the Superior Court of Justice of Guayaquil confirmed all aspects of the decision to convene a plenary hearing. 99 65. On September 17, 2004, Emilio Guerrero submitted successive briefs to the Criminal Judge, requesting the substitution of the pre-trial detention that had been ordered and the establishment of bail. 100 By a decision of September 21, the Criminal Judge accepted bail 91 160). 92 Brief submitted by Melba Peralta on June 3, 2002 (file of annexes to the Merits Report, folios 159 and Brief submitted by Emilio Guerrero on June 6, 2002 (file of annexes to the Merits Report, folio 162). 93 Decision of the First Criminal Judge of Guayas of February 17, 2003 (file of annexes to the Merits Report, folios 164 to 166). 94 Article 466 of the Penal Code of January 22, 1971, in force at the time of the facts, established that: “If the blows or injuries have caused an ailment or incapacity for personal employment that exceeds 90 days, or a permanent incapacity to the regular employment of the aggrieved party, or a serious illness, or the loss of a nonprincipal organ, the penalty will be one to three years’ imprisonment and a fine of sixteen to seventy-seven United States dollars. If any of the circumstances established in art. 450 co-exist, the penalty shall be two to five years’ imprisonment and one to one hundred and twenty United States dollars.” 95 1983 Code of Criminal Procedure (file of annexes to the answering brief, folio 2722). This article establishes that: “If, at the time the decision to open the plenary session is issued, the accused is fugitive from justice, the Judge, after issuing the said decision, shall order the suspension of the plenary stage until the accused has been captured or comes forward voluntarily. While the accused is at large, the decision to open the plenary session shall not be made final, and the decision shall be notified personally, when he or she comes forward or is captured.” 96 1983 Code of Criminal Procedure (file of annexes to the answering brief, folio 2720). This article stipulated that: “If the judge shall consider that the existence of the offense has not be proved sufficiently, or having proved its existence, if the guilty parties have not been identified, or if there is insufficient evidence of the participation of the accused, he shall order the provisional dismissal of the proceedings and of the case against the accused, declaring that, at that time, the substantiation of the case cannot continue.” 97 168). Cf. Brief submitted by Emilio Guerrero on February 24, 2003 (file of annexes to the Merits Report, folio 98 Cf. Decision of the First Criminal Judge of Guayas of February 26, 2003 (file of annexes to the Merits Report, folio 170). 99 Cf. Decision of the Third Plenary Chamber of the Superior Court of Justice (file of annexes to the Merits Report, folios 172 to 174). 100 Cf. Briefs submitted by Emilio Guerrero on September 17, 2004 (file of annexes to the Merits Report, folios 176 and 177). 20