proceedings instituted against the (…) [assistant principal], which cannot be done under ‘the fourth instance doctrine’ which disqualifies the Inter-American Commission from issuing any pronouncement on matters of substance in domestic proceedings conducted by the organs for the administration of justice in Ecuador.”20 25. As for the facts, the State observes that Paola del Rosario was the victim of sexual harassment and statutory rape by the assistant principal, who took advantage of his authority to “harass the child and ultimately forced Guzmán Albarracín, a child, into a sexual act that in the end left her pregnant.”21 26. As for the case in the criminal justice system, the State contends that after the alleged victim’s father filed the criminal complaint and the preliminary investigations were conducted, the prosecutorial examining phase was instituted and the appropriate body issued the order to take the accused into preventive detention (or custody), pursuant to Article 167 of the Code of Criminal Procedure. The State notes that to ensure respect for rights and effective and the responsible exercise of public power, the Guayaquil Superior Court decided to dismiss the accused’ appeal and to confirm the order binding the accused over for trial. It contends that this same court amended the charge “because the criminal offense [charged] (…) was not the proper one.”22 The court changed the charge to aggravated statutory rape because “there were aggravating circumstances, since the offense led to the child’s death.”23 27. Concerning the administrative process, the State contends that the alleged victim’s mother brought a complaint against the assistant principal, which she filed with the Office of the Regional Under Secretary for Education, which then referred the matter to the Guayas Office of the Provincial Director Note No. 4-2-277/07 of the Ministry of Foreign Affairs of 2007. 21 Note No. 4-2-277/07 of the Ministry of Foreign Affairs of 2007. 22 Note No. 4-2-277/07 of the Ministry of Foreign Affairs of 2007. 23 Note No. 4-2-277/07 of the Ministry of Foreign Affairs of 2007. 20 11 Ecuador, November 16, Ecuador, November 16, Ecuador, November 16, Ecuador, November 16,