18 Art. 2.- Purpose of the summary information proceeding.- The summary information proceeding is an administrative procedure aimed at establishing the truth of a given occurrence and to determine its legal consequences, whether that involves establishing the circumstances and responsibilities of a harm, loss, or cessation of activity of government property, professional or disciplinary conduct of Armed Forces personnel, or in general justifying acts whose results may have effects of interest to the Armed institution. The justification for the acts shall be made by 66 the evidentiary means indicated in the law. 68. One must note that the Sixth Court for Civil Matters held that “the summary information proceeding is not a mere administrative act, but a whole investigative proceeding; and being a proceeding, there are parties, third persons, and an authority.”67 It was thus adduced that the procedure provided for in the Rules of Military Discipline was invoked “to determine the degree of liability in the commission of disciplinary infractions that [would] merit the imposition of the sanctions provided for in the Law on Armed Forces Personnel,”68 and that this was an “investigative proceeding analogous to the preliminary investigative phase (etapa sumarial) of a criminal trial, after which a resolution [would be] adopted” which in turn could be reviewed at two levels: the Council of Subaltern Officers of the Army, which should characterize the act of professional misconduct based on the facts proven by the Court of Law; and then before the Council of Superior Officers of the Army, which has jurisdiction to hear a challenge against a resolution handed down by the Council of Subaltern Officers.69 5. The provisions of Ecuadorian domestic law applicable to the case 69. The Commission now offers some considerations on the legal regime applicable at the time of the facts in the instant case. 70. Article 23 of the Constitution of Ecuador in force at the time of the facts under consideration provided for the recognition and guarantee by the State of the civil rights of persons, including the right to equality before the law, in the following terms: Art. 23(3). Equality before the law. All persons shall be considered equal and shall enjoy the same rights, freedom, and opportunities without any discrimination on grounds of birth, age, sex, ethnicity, color, social origin, language; religion, political affiliation, economic position, sexual 70 orientation; health condition, disability, or different of any kind. 66 Annex 23. Rules of Procedure for Summary Information Proceedings in the Armed Forces. Ministerial Decree 1046, published in General Ministerial Order 240 of December 22, 1993. Brief by petitioners filed September 24, 2012. 67 Annex 20. Decision of the Sixth Court for Civil Matters of Pichincha, July 18, 2001. Annex to the initial petition of August 20, 2002. 68 See in Annex 13. Brief filed with Sixth Court for Civil Matters of Pichincha in constitutional amparo action No. 742001, by the Legal Representative of the Presidency of the Republic, February 6, 2001. Annex to the initial petition of August 30, 2001. 69 See Annex 13. Briefs filed with the Sixth Court for Civil Matters of Pichincha in constitutional amparo action No. 742001, by the General Commander of the Army and his legal counsel, February 5, 2001. Annexes to the initial petition of August 30, 2001. See also Annex 13. Brief filed with Sixth Court for Civil Matters of Pichincha within constitutional amparo action No. 74-2001, by the Legal Representative of the Presidency of the Republic, February 6, 2001. Annex to the initial petition of August 30, 2001. 70 Constitution of Ecuador of 1998.

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