38.
On July 1, 1997, the XIth Judge of Manabí heard the complaint filed by Lidia Bravo
and issued “a court order to investigate the alleged crime in order to discover the
perpetrators, accomplices and accessories after the fact, who might be determined by the
investigation procedure,” because the act denounced constituted “a crime that must be
investigated and punished ex officio.”41 To this end, he ordered the implementation of certain
measures, including “receiving the testimony of each and every person who had information
about the illegal act under investigation [and] inspecting the crime scene […] with the
assistance of experts.”42
39.
On July 21, 1997, the representatives filed a complaint on the supposed participation
of members of the Navy in Mr. Palma’s detention. In response, on August 3, 1997, the Vice
Admiral, Chief of Staff, advised them that “no naval premises or naval personnel belonging
to [that] institution [had] anything to do with the arrest and retention” 43 of Mr. Palma. The
representatives also addressed another communication to the then President of the Republic,
Fabián Alarcón Rivera. On October 3, 1997, the Minister of the Interior and Police informed
the representatives that, by order of the Minister of National Defense, an investigation had
been carried out into the supposed abduction of Mr. Palma, and the results determined that,
at no time, had he been detained by members of the Armed Forces. 44 On January 25, 1999,
the representatives sent another communication to the Minister of National Defense, General
José Gallardo Román, in which they requested that an investigation be opened in relation to
Mr. Palma’s disappearance and the possible involvement of the Armed Forces, based on
information provided by the lawyer, Ignacio Buenaventura Reyes Cárdenas (hereinafter also
“Ignacio Reyes Cárdenas” or “the lawyer Reyes”). On March 17, 1999, the Minister of
National Defense informed the representatives that the intelligence personnel of the
Ecuadorian Air Force, based in the Eloy Alfaro Air Base of Manta, bore no responsibility, and
that Mr. Palma’s disappearance had possibly occurred owing to revenge or blackmail.”45
40.
On June 9, 1998, the head of the OID was informed that, on that day, as part of the
investigations into the abduction of Mr. Palma Mendoza being conducted by that office, the
lawyer Ignacio Buenaventura Reyes Cadenas and Lidia Bravo had been interviewed, and the
latter indicated that a mistress of Lenin Oswaldo Ordoñez Ortiz (hereinafter also “Lenin
Ordoñez”), had told her friend Justina Vega that Mr. Palma Mendoza had been killed by Lenin
Ordoñez, who was employed as a member of the security team of the “PECIA company.” 46
Also, the police report indicated that Mr. Palma Mendoza’s son, Luis Palma Bravo, had stated
that, one month before his father’s disappearance, the latter had met with Lenin Ordoñez
and had an argument with him.47
41
Cf. Court order to investigate an alleged crime issued by the XIth Judge of Manabí on July 1, 1997, folios
71 and 72.
42
Cf. Court order to investigate an alleged crime issued by the XIth Judge of Manabí on July 1, 1997, folios
71 and 73.
43
Cf. Official note ESMAAR-SED-062-0 of August 8, 1997, addressed to Sister Elsie Monge, President of
CEDHU and signed by Timoshemnko Guerrero Rivadenerida, Vice Admiral, Chief of Staff of the Navy (file of
attachments of the pleadings and motions brief, attachment 10, folio 1456).
44
Cf. Official note No. 0347 of October 3, 1997, addressed to Sister Elsie Monge, President of CEDHU and
signed by César Verduga Vélez, Minister of the Interior and Police (file of attachments of the pleadings and motions
brief, attachment 11, folio 1458).
45
Cf. Official note No. 990281-MJ-2-B of March 17, 1999, from the Ministry of National Defense, addressed to
Sister Elsie Monge, Executive Director of CEDHU (file of attachments of the pleadings and motions brief, attachment
15, folios 1472 to 1474).
46
Cf. Report sent to the Head of the Manta OID, signed by police officer Lino Caicedo Bonifacio, dated June
9, 1998 (file of appendices to the Admissibility and Merits Report, appendix 19, folio 79).
47
Cf. Report sent to the Head of the Manta OID, dated June 9, 1998, folio 79.
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