2
that the persons who work in the Ecuadorian Army or any office or section of the Ecuadorian army are
not discriminated against based on their actual or perceived sexual orientation; (4) adopt the necessary
state measures for the personnel of the Ecuadorian Army or any office or section of the Ecuadorian
army, as well as the judges at law in the military jurisdiction, to become familiar with the inter-American
standards and with the provisions of Ecuadorian domestic law regarding non-discrimination on the
grounds of sexual orientation, actual or perceived; and (5) adopt the necessary state measures to
guarantee the right to due process for members of the military tried by courts in disciplinary
proceedings, including the right to an impartial judge or court.
II.
PROCEDURE BEFORE THE IACHR AFTER THE ADMISSIBILITY REPORT
6.
On March 15, 2010, the IACHR issued Admissibility Report No. 1/10.1 On March 29,
2010, the Commission notified the parties of that report, indicating that the case had been registered
with number 12,743 and, pursuant to Article 37(1) of its Rules of Procedure, set a period of three
months for the petitioners to submit additional observations on the merits. In addition, in keeping with
Article 48(1)(f) of the Convention, the Commission placed itself at the disposal of the parties to pursue a
friendly settlement.
7.
By communication of April 5, 2010, the petitioners expressed their interest in pursuing a
friendly settlement. The Commission forwarded the pertinent parts of that brief to the State, and asked
that it submit its observations within one month. The State submitted its response by brief of May 27,
2010, and expressed its interest in pursuing the friendly settlement procedure. The IACHR forwarded
the State’s response to the petitioner.
8.
On June 17, 2010, the State submitted information related to the efforts made by the
parties to reach a friendly settlement agreement, which was forwarded to the petitioners for their
observations. On October 29, 2010, the petitioners reported that they had resolved to conclude the
friendly settlement process, and to continue with the procedure on the merits. On December 21, 2010,
the Commission informed the State that it was considering the friendly settlement process concluded.
On that same date, it asked that the petitioners submit their observations on the merits, in keeping with
Article 37(1) of its Rules of Procedure. On January 12 and 19, 2011, the State presented additional
information on the friendly settlement process, which was forwarded to the petitioners for their
observations.
9.
By brief of February 7, 2011, the petitioners submitted information on the friendly
settlement process and reiterated their interest in continuing with the procedure on the merits. This
communication was forwarded to the State on February 23, 2011; it was asked to submit its
observations on the merits. On February 14 and 17, 2011, the State submitted supplemental
information on the friendly settlement process, which was forwarded to the petitioners for their
observations.
10.
On October 7, 2011, the Commission reiterated to the petitioners that they should
submit their observations on the merits. The petitioners filed their response on January 4, 2012; it was
forwarded to the State for observations. On April 9, 2012, the Commission reiterated to the State that it
should submit its observations on the merits. The State filed its response on June 7, 2012, which was
1
IACHR, Report No. 1/10 (Admissibility), Petition 2723-02, Homero Flor Freire, Ecuador, March 15, 2010.