Rivera Enríquez and National Police officer EPYE “were on duty” when the events occurred, under the terms of the Code of Criminal Procedure she was obliged to disqualify herself from ruling on their legal situation and ordered that a copy of the case documents be forwarded to the Second Court of the Fourth National Police District, which was in charge of the proceedings related to the same matters. 36 42. On April 5, 2001, the Commander of the Fourth National Police District ordered that a disciplinary court be set up to “hear, judge and punish the alleged disciplinary offense(s)” committed by National Police officer EPYE. On April 11 the same year, the disciplinary court found officer EPYE guilty of the disciplinary offense of failing to inform his superiors of what had occurred, and ordered that he be “[dismissed] or [discharged] from the ranks of the National Police.” 37 43. In a report dated July 5, 2001, the Provincial Commander of the National Police of Guayas was informed that Second Lieutenant Rivera Enríquez had twice attempted to escape from the place where he was being held. 38 44. On July 17, 2001, the Fifth Criminal Judge of Guayas issued an order to proceed to trial against the Metropolitan Police officer and the patrol car driver, considering them accessories after the fact in Joffre Aroca’s death. The judge also set aside the committal order and ordered the release of both defendants. 39 45. On October 29, 2001, the Second Judge of the Fourth National Police District ordered that Second Lieutenant Rivera Enríquez of the National Police be tried for the crime of manslaughter or murder, upholding the arrest warrant against him. He also ordered National Police officer EPYE to be tried as an accessory after the fact to the crime of manslaughter or murder. As an accessory after the fact, the judge did not deem it necessary to order his arrest, however. 40 46. On February 18, 2002, the Second Court of the Fourth National Police District ordered that officer EPYE be located and arrested, because he had failed to appear to render his statement on several occasions. The police court also ordered the suspension of the proceedings against the National Police officer until he was apprehended or surrendered himself voluntarily. 41 47. On March 27, 2002, the Second Court of the Fourth National Police District ordered the release of Second Lieutenant Rivera Enríquez because the period of time allowed under the Constitution, read in conjunction with the Code of Criminal Procedure, had expired. 42 48. On April 19, 2002, the National Police’s Criminal Court for Senior Officers issued a judgment declaring Second Lieutenant Rivera Enríquez guilty of the crime of manslaughter or murder, imposing a sentence of eight years in prison. The court found: 36 Cf. Ruling of the Fifth Criminal Court of Guayas of March 22, 2001 (evidence file, volume I, annex 6 to the Merits Report, folio 54). 37 Cf. Ruling of the Disciplinary Court of April 11, 2001 (evidence file, volume I, annex 20 to the Merits Report, folio 131). 38 Cf. Report of July 5, 2001, addressed to the Provincial Commander of the National Police of Guayas (evidence file, volume I, annex 10 to the Merits Report, folio 78). 39 Cf. Ruling of the judge of the Fifth Criminal Court of Guayas of July 17, 2001 (evidence file, volume I, annex 11 to the Merits Report, folio 87). 40 Cf. Ruling of the Second Court of the Fourth National Police District of October 29, 2001 (evidence file, volume I, annex 13 to the Merits Report, folios 96 and 97). 41 Cf. Ruling of the Second Court of the Fourth National Police District of February 18, 2002 (evidence file, volume I, annex 14 to the Merits Report, folio 100). 42 Cf. Ruling of the Second Court of the Fourth National Police District of March 27, 2002 (evidence file, volume I, annex 15 to the Merits Report, folio 102). 11