126. The representative reproduced some parts of the Admissibility and Merits Reports and of
the letter submitting the case.
127. Regarding judicial independence, the State referred to articles 69 and 70 of the Organic Law
of the National Police, which established the way in which the NPCJ judges were appointed, the
duration of the appointment (two years), and the possibility of re-election. It indicated that, in the
instant case, the proceedings were heard by three judges who presided the NPCJ: Senior General
MAD, General Byron Pinto Muñoz and, subsequently, Commander General JJR. It added that it had
not been proved that the president of the NPCJ had been subjected to any type of pressure;
therefore, it considered that it was independent in both its individual and institutional aspects. The
State insisted that the trial was conducted in conformity with the basic guarantees of due process,
starting with respect for the principle of innocence throughout the processing of the case, from the
start of the investigations and until the guilty verdict was delivered against Messrs. Villarroel,
Vinueza and Coloma, which was subsequently revoked in second and final instance by the NPCJ. It
added that “the rulings delivered include[d] several relevant aspects that reveal[ed] not only the
existence of a statement of reasons in the decisions but, above all, the evidence gathered during
the proceedings […].”
A.1.3. Reasonable time
128. The Commission alleged that the State had violated the reasonable time established in
Article 8(1) of the Convention. It argued that the case was not of a special complexity that would
justify the duration of three years and eight months of the criminal proceedings against the
presumed victims. The Commission added that the NPCJ had based itself exclusively on the report
of the Comptroller’s Office, which had been issued in 2001, and the NPCJ acquittal judgment was
issued in September 2005. Regarding the conduct of the domestic authorities, the Commission noted
that the case file did not reveal any probative procedures that would justify the delay in the decisions
in the criminal proceedings. Indeed, periods of inactivity existed that the State had not justified.
Regarding the actions of the presumed victims, the case file did not highlight any element that
would indicate that the presumed victims had obstructed the proceedings or bore any responsibility
for the delay. Lastly, the Commission considered that the continuation of the proceedings under the
circumstances of this case – the prohibition of release due to detención en firme, the subsequent
application of pre-trial detention and the deprivation of liberty of two of the presumed victims owing
to the judgment convicting them – resulted in the continuation of the deprivation of liberty of the
presumed victims.
129. The representative referred, in general, to the findings of the Inter-American Commission,
without presenting specific arguments, and reproduced extracts from the Commission’s Admissibility
and Merits Reports, and from the letter submitting the case.
130. The State argued that the criminal proceedings against the presumed victims, which were
decided in their favor, lasted for 3 years and 6 months, a reasonable time in view of the number of
defendants in the proceedings and the procedural activity of Messrs. Villarroel Merino, Cevallos
Moreno, Coloma Gaibor, Vinueza Pánchez, López Ortiz and Ascázubi Albán. The facts revealed that
they played an active role in the criminal proceedings, and filed the remedies they considered
pertinent. The activity of the judicial authorities was, at no time, aimed at delaying the analysis of
the remedies that were filed; to the contrary, despite the remedies of appeal, nullity, recusal,
expansion and clarification, among others, the criminal proceedings were conducted satisfactorily.
The defendants were able to present all the remedies they deemed pertinent. The State concluded
that the evidence showed that criminal trial No. 36-PCJP-2002 instituted against the presumed
victims respected due process in keeping with the standards established by the Court and, therefore,
Article 8 of the Convention had not been violated.
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