38
176. The Guayas Twelfth Criminal Judge ordered that “an official communication be
sent to the Superintendence of Banks requiring the freezing of banking activities on any
current, savings and monetary accounts of the accused.” She also sent official
communications to the registry offices of Guayaquil and Manabí requesting them “to
register the prohibition to dispose of any immovables that the accused might possess,”
and also ordered that “all the property seized should be inventoried, and deposited in
CONSEP.”116 On January 2, 1998, the same judge addressed an official communication to
the Guayas Provincial Anti-narcotics Chief requiring him to hand the seized property over
to CONSEP.117
177. On January 19, 1998, CONSEP signed a contract with a private individual for a
three-year lease of the facilities of the Plumavit factory.118 On December 1, 2001,
CONSEP signed a new lease contract with the same person.119
178. As a result of the dismissal of the proceedings in favor of Messrs. Chaparro and
Lapo, on March 7, 2002, the Guayaquil Superior Court of Justice lifted “any precautionary
measure that had been ordered on the property of [Mr. Chaparro] and on the vehicle
owned by [Mr. Lapo] seized during these proceedings.”120
179. On October 10, 2002, CONSEP handed back the factory to Mr. Chaparro. In the
respective official record, it was indicated that some of the property was defective.121
Moreover, Mr. Chaparro certified, through a notary, that some of the property listed in
the inventory of the factory122 (infra para. 206) had not been returned. On February 19,
1999,123 May 28, 1999,124 and April 20, 2005,125 Mr. Lapo requested the return of his
vehicle and it has not yet been returned.126
180. As a condition for the return of the factory, Mr. Chaparro was required to make a
“payment for custody fees.”127
116
Cf. the court order to investigate the crime of December 8, 1997, supra note 52 (folios 873 and 874).
117
Cf. official communication No. 4718-370-97 of January 2, 1998, issued by the Guayas Twelfth Criminal
Judge (judicial case file, volume 24, folio 3913).
118
Cf. rental contract signed on January 19, 1998, between CONSEP and Chalver Iván Alvarado Sarango,
engineer (file of appendixes to the application, appendix 3, volume II, folios 586 to 592).
119
Cf. rental contract signed on December 1, 2001, between CONSEP and Chalver Iván Alvarado Sarango,
engineer (file of appendixes to the application, appendix 34, folios 1163 to 1166).
120
Cf. judicial decision issued on March 7, 2002, by the Fourth Chamber of the Guayaquil Superior Court
of Justice (judicial case file, volume 80, folio 10422).
121
Cf. record of delivery/reception of immovable and movable property returned to its owners by judicial
decision of October 10, 2002, signed by the Chief Custodian CONSEP-GUAYAS, the owner of PLUMAVIT, and the
CONSEP Regional Chief (file of appendixes to the application, appendix 33, folio 1155).
122
Cf. official record of notarial procedure issued on October 10, 2002, by the Seventh Regular Notary of
the Guayaquil Canton (file of appendixes to the application, appendix 36, folios 1193 to 1196).
123
Cf. request of the defense lawyer of Freddy Hernán Lapo Iñiguez submitted to the Guayas Twelfth
Criminal Court on February 19, 1999 (judicial case file, volume 78, folio 10185, and volume 79, folio 10285).
124
Cf. request of the defense lawyer of Freddy Hernán Lapo Iñiguez submitted to the Guayas Eighth
Criminal Court on May 28, 1999 (judicial case file, volume 78, folio 10185).
125
Cf. request of the defense lawyer of Freddy Hernán Lapo Iñiguez submitted to the Director of CONSEP
on April 20, 2005 (file of appendixes to the application, appendix 39, folio 1204).
126
127
Cf. statement of Mr. Lapo during the public hearing, supra note 103.
Cf. official communication No. 1992-JRL-CONSEP-2002 issued on September 17, 2002, by the Regional
Head of CONSEP-Litoral (file of appendixes to the application, appendix 3, volume I, folio 233).
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