62.
On that same May 17, 1997, the Eleventh Criminal Court Judge of Manabí
asked the Chief of the Manta O.I.D. to conduct an exhaustive investigation of the events
reported by Mrs. Lidia Guadalupe Bravo and that it send its results to that judicature.30
63.
On May 22, 1997, Mr. Carlos Alberto Palma Mendoza, brother of Marco
Bienvenido Palma Mendoza, presented a writ of habeas corpus at the Municipality of
Manta.31 On May 22, 1997, the Mayor of Manta asked the Commander of Combat Wing
No. 23, the Captain of the Port of Manta, the Chief of the Manta Police Commando, the
O.I.D. Chief, the Eight Criminal Court Judge of Manabi, the Traffic Court judge, and the
national police commissioners to bring Mr. Palma to him personally and to present the
relevant documents and reports.32
64.
On May 23, 1997, the Manta O.I.D. sent the Eleventh Criminal Court Judge
of Manabí a preliminary report of the investigations carried out on the kidnapping of Mr.
Marco Bienvenido Palma Mendoza.33 The report contains interviews conducted with Mrs.
Lidia Guadalupe Bravo, Mr. Palma’s common law wife; Mr. Manuel Armijos, who was
providing security guard services at SECAP on May 16, 1997, before the kidnapping; Mr.
Francisco Andrade, who was providing security guard services at SECAP on May 16, 1997
at the moment in which Mr. Palma’s kidnapping occurred; Octavio Alcívar Arteaga, SECAP
Director; Mrs. Zambrano Sánchez, who had a food sales kiosk in front of SECAP, and Mr.
Palma’s son, who was with his father at the time of the kidnapping.34
65.
With regard to the possible participation of FAE members in the kidnapping
of Mr. Palma, the report concluded that moments before the kidnapping, a FAE vehicle had
arrived at the SECAP facilities carrying members of that institution to prepare two courses
that were going to be taught and that “the kidnapping had occurred at the moment that a
conscript was waiting in the vehicle,” and so it was a coincidence and that it had not been
possible to establish any connection between that event and the kidnapping.35 The
preliminary report attaches FAE documents that certify that Mr. Palma was not detained in
any FAE office and that institution did not have any vehicle fitting the description of the one
used in the kidnapping.36
No. 2000-128-PJ-M-COMPL of February 26, 2000, signed by Aladino Zambrano, investigator of the Ecuadorian
National Police, addressed to the Chief of the Manta Judicial Police. Appendix to written communication from the
petitioners received on December 7, 2005.
30
Official letter Nº 640-97 of May 17, 1997 addressed to the Chief of the Criminal Investigations Unit of
Manta, signed by Attorney Alfredo Pinargotty Alonzo, Criminal Court Judge XI of Manabí. Appendix to the August
24, 2000 communication of the State.
31
Habeas corpus petition presented by Mr. Carlos Alberto Palma Mendoza, signed by Ing. Jorge
Zambrano Cedeño, Mayor of Manta and received in the Office of the Assistant Chief of the Manta O.I.D. on May
22, 1997. Appendix to the August 24, 2000 communication of the State.
32
Habeas Corpus petition presented by Mr. Carlos Alberto Palma Mendoza, signed by Ing. Jorge
Zambrano Cedeño, Mayor of Manta and received in the Office of the Assistant Chief of the Manta O.I.D. on May
22, 1997. Appendix to the August 24, 2000 communication of the State.
33
Official O.I.D. letter Nº 97-349-O.I.D-MM of May 23, 1997, signed by Wilson Alulema Miranda, Police
Major, and Assistant Chief of the Manta O.I.D. Appendix to the August 24, 2000 communication of the State;
Appendix to the communication of the petitioners dated November 17, 2005.
34
Official O.I.D. letter Nº 97-349-O.I.D-MM of May 23, 1997, signed by Wilson Alulema Miranda, Police
Major, and Assistant Chief of the Manta O.I.D. Appendix to the August 24, 2000 communication of the State;
Appendix to the communication of the petitioners dated November 17, 2005.
35
Official O.I.D. letter Nº 97-349-O.I.D-MM of May 23, 1997, signed by Wilson Alulema Miranda, Police
Major, and Assistant Chief of the Manta O.I.D. Appendix to the August 24, 2000 communication of the State;
Appendix to the communication of the petitioners dated November 17, 2005.
36
Official O.I.D. letter Nº 97-349-O.I.D-MM of May 23, 1997, signed by Wilson Alulema Miranda, Police
Major, and Assistant Chief of the Manta O.I.D. Appendix to the August 24, 2000 communication of the State;
Appendix to the communication of the petitioners dated November 17, 2005.