missing "18 rounds from the magazine.” He said that the rifle was turned over to him by Corporal Lorenzo Marquez and that "the rifle was missing 18 rounds, given that he only gave [him] two, with respect to which he told [him] not to worry because the second lieutenant had the rounds and he would return them to [him] ..., and he proceeded right then to give [him] back the 18 rounds for the rifle.” He said that on his rifle "the magazine held 20 rounds.” When asked "what condition his rifle was in, if it had its magazine, and if the ammunition was there?” he replied that “Corporal Márquez gave [him] the rifle, which had the magazine, and that all that was missing were the 18 rounds.” B. The investigation and criminal proceeding in the police jurisdiction following the death of Luis Jorge Valencia Hinojosa 72. Following the verbal reports of the death of Jorge Valencia Hinojosa by the Chimborazo National Police, the Riobamba Police Magistrate's Court proceeded to order the removal of the corpse. 46 According to the record of that procedure, the body was found in a “supine decubitus” position on a tile floor and “an external examination revealed a circular wound in the right temple, a ‘wound’ orifice in the occipital bone; the face, head, and part of the blood-covered body where the head rests was lying in a pool of blood on the floor measuring approximately 70 centimeters by 30 centimeters.” 47 According to the report, the weapon was lying on the floor by the left knee .48 73. On December 3, 1992, the National Police Commissioner issued the order to institute proceedings.49 In that order, the judge designated a public defender to "represent all those who might prove to be perpetrators, accomplices, or accessories in the death of Luis Valencia Hinojosa.” It also ordered an examination, identification, and autopsy of the corpse, as well as an inquiry into the facts. 74. The examination, identification, and autopsy of the corpse were performed on December 4, 1992.50 The autopsy found that: An extensive, irregular fracture line was confirmed in the anterior cranial fossa, starting at the orifice in the right temporal bone, traversing (through the entire anterior cranial fossa in that direction) through the orbital roof bilaterally, and ending at the orifice in the left parietal bone […] The characteristics of the head wound on the right side of the scalp or skull indicate or are consistent with an entry wound caused by a firearm projectile. By the same token, the characteristics of the head wound on the left side of the scalp or skull indicate or are consistent with an exit wound caused by a firearm projectile. Said projectile's path would appear to have been from right to left, slightly upward, and slightly from front to back It may be concluded, categorically, that it was a single projectile from a single shot. The time of death was between 24 and 48 hours earlier. The death was 46 Appendix 17. Record of removal of the corpse. December 3, 1992. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 17, 2011. 47 Appendix 17. Record of removal of the corpse. December 3, 1992. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 17, 2011. 48 Appendix 18. Report of Chimborazo Province Police Commandant No. 5, December 3, 1992. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 49 Appendix 19. National Police Commissioner of Riobamba Canton. Order to institute proceedings. December 3, 1992. Appendix 9 to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 50 Appendix 20. Autopsy. December 4, 1992. Autopsy report. December 4, 1992. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.

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