testified previously. After they had filed an application for amparo for their release, this was
rejected by the Superior Court of Justice of Portoviejo on June 23, 2000.76
49.
On March 23, 2000, Rosalía Palma Bravo testified before the XIth Judge of Manabí.
She referred, in general, to the events of May 16, 1997, as described above (supra paras.
29, 30 and 31).77 She stated, inter alia, that on that day “the people, the SECAP students
and employees, did nothing because they had seen an FAE vehicle.” She added that, for this
reason and “because [those who took her father] had identified themselves as members of
the […] FAE and exchanged greetings with the members of the FAE,” prior to the
identification of Mr. Palma Mendoza’s corpse, she and her family “had a hope that he was
alive.”78 She also indicated that “her little brother” saw and recounted what happened to
their father, and “thus has been traumatized.”79
50.
On May 4, 2000, Rosalía Palma Bravo indicated that she would continue the civil
action against Lenin Ordoñez, Ignacio Reyes Cárdenas and Isabel Montaño de Mera, but she
expressly desisted from her action, as well as from “any civil or criminal action,” with regard
to the other individuals she had indicated (supra para. 46), because “she had been advised,
outside the context of the proceedings, that they […] had not participated in [her] father’s
murder.”80 The next day, Wider Ramón Palma Bravo, Mr. Palma’s son, Rosalía Palma Bravo
and Lidia Bravo, the latter on her own behalf and on behalf of “the minors,” María Lilibeth,
Luis and William, all with the surnames Palma Bravo and also children of Mr. Palma, signed
an “undertaking” before notary public in which they expressed their endorsement of the
discontinuance decided by Rosalía Palma Bravo and their undertaking, in relation to the same
individuals included in her discontinuance, not to file any criminal or civil action. 81
51.
On May 9, 2000, the XIth Judge of Manabí revoked the preventive detention ordered
against the accused Medardo Cevallos Gómez-Piñán, Marcelino Ponce and Ramón Bravo
Mera, considering that, from various procedures “analyzed as a whole[,…] there is no
consistent evidence that would allow this precautionary measure to be maintained.” 82
According to this decision, the acts taken into consideration to support it were: (a) the
request of Medardo Cevallos Gómez-Piñan, Marcelino Gómez Ponce and Ramón Bravo Mera
of May 4, 2000, that the preventive detention ordered against them be revoked; (b) the
procedure to identify bones of corpses; (c) the testimony “itself” of police agent Carmelo
Aladino Zambrano; (d) preliminary statement of Lenin Ordóñez; (e) certified copies
presented by the accused Medardo Cevallos Gómez-Piñan concerning “certain decisions of
the President of the Superior Court of Justice of Quito in the trial held for the death of Jaime
Hurtado González; (f) the refusal on two occasions of Lenin Ordóñez to answer questions
76
Cf. Decision of the Superior Court of Justice of Portoviejo of June 23, 2000 (file of attachments to the
pleadings and motions brief, attachment 45, folios 1671 to 1673).
77
Cf. Preliminary statement made by Rosalía Palma Bravo before the XIth Judge of Manabí on March 23,
2000 (file of attachments to the pleadings and motions brief, attachment 28, folios 1586 to 1589).
78
Cf. Preliminary statement made by Rosalía Palma Bravo before the XIth Judge of Manabí on March 23,
2000, folios 1586 to 1589.
79
Cf. Preliminary statement made by Rosalía Palma Bravo before the XIth Judge of Manabí on March 23,
2000, folios 1586 to 1589.
80
Cf. Brief of May 4, 2000, signed by Rosalía Palma Bravo and her lawyer, addressed to the XIth Judge of
Manabí (file of attachments to the pleadings and motions brief, attachment 37, folio 1641).
81
Cf. Undertaking of May 5, 2000, signed by Lidia Bravo, Wider Ramón Palma Bravo and Rosalía Palma
Bravo and their lawyer, authenticated by notary public (file of attachments to the pleadings and motions brief,
attachment 38, folios 1647 and 1648).
82
Cf. Decision of the XIth Judge of Manabí of May 9, 2000 (file of appendices to the Admissibility and Merits
Report, appendix 33, folios 135 to 137).
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