Company (hereinafter “El Universo”). 80 On May 3, 5, 9 and 26, 2011, the defendants
answered, and alleged nullity and lack of jurisdiction of the court. 81
58.
On May 13, 2011, the secretariat of the Fifteenth Court notified the parties of an
order the content of which mentions that the court officials received ill-treatment by the
lawyers of the then President, who stated that they deserved special treatment as the
representatives of Rafael Correa. 82 The lawyers of the then President denied the facts
and filed a criminal complaint against Judge Oswaldo Sierra Ayora, on May 30, 2011,
before the Guayas Provincial Prosecutor's Office, for the alleged commission of the crime
of "distort[ion] [of] substance" foreseen in Article 338 83 of the Criminal Code. 84
59.
On May 17, 2011, the then head of the Fifteenth Court, Oswaldo Sierra, was
notified of a decision of suspension from office for a term of 90 days as a result of a
disciplinary sanction in relation to another case that was under his charge. Consequently,
Juan Paredes Fernández heard the case as Temporary Judge, as of May 19, 2011. 85 In
addition to the aforementioned Temporary Judge, Judges Sucre Garcés Soriano, Mónica
Encalada Villamagua and Carmen Alicia Argüello Cifuentes heard the case in the same
temporary capacity, at different times.
60.
On June 10 and 29, 2011, and then on July 4 of the same year, respectively, the
defendants challenged judges Juan Paredes Fernández, Sucre Garcés Soriano and
Mónica Encalada, who temporarily heard the case on different dates. These challenges
were not admitted, so Juan Paredes Fernández resumed as judge of the case 86 and
issued the judgment of first instance.
61.
On July 9, 2011, the then President publicly stated that he would withdraw the
application if the defendants admitted that they had lied and if they "corrected the lie." 87
However, on July 19, 2011, during a trial hearing, the then president rejected the
possibility of conciliation in response to the alleged victims' offer to make the required
rectification, alleging that "given the seriousness of the insults […] it is impossible to
reach any type of conciliation in this process”. 88
80
Cf. Application presented by Rafael Vicente Correa Delgado on March 21, 2011 (evidence file, folios
4560 to 4711).
81
Cf. Answer to the application by Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, Carlos Eduardo
Pérez Barriga, and César Enrique Pérez Barriga (evidence file, folios 4713 to 4776).
82
4777).
Cf. Ruling of the Fifteenth Court of Criminal Guarantees of Guayas of May 12, 2011 (evidence file, folio
Art. 337. Public officials who, in the exercise of their duties, have committed a falsehood consisting
of: false signatures, alteration of minutes, deeds or signatures, assumption about persons, deeds made or
inserted in records or other public documents, in writings or other legal actions after their formation or closure
will be punished with extraordinary minor imprisonment from nine to twelve years. Art. 338. The same penalty
will be given in punishment to the public official who, when drafting pieces relating to his employment, has
distorted their substance or the details: whether by writing stipulations different from those that the parties
have agreed or dictated, or by establishing as true, facts that were not.
83
Cf. Application presented by Gutemberg Vera Páez and Alembert Vera Rivera of May 30, 2011 (evidence
file, folio 4778 to 4784).
84
Cf. Judicial Role Guayas District. Appointment Judge Paredes, Judicial Role Guayas district, May 19,
2011 (evidence file, folio 6290).
85
86
Cf. Application to challenge, proceedings and rejection of challenge (evidence file, folio 4948 to 4977).
87
Cf. Program “Enlace Sabatino” of July 9, 2011.
88
Cf. Documents on the judgment hearing (evidence file, folios 4979 to 5071).
23