8
is not adequate in a specific case, it obviously need not be exhausted. A norm
is meant to have an effect and should not be interpreted in such a way as to
negate its effect or lead to a result that is manifestly absurd or unreasonable. 16
32.
In relation to this claim, it appears from the parties’ arguments that after the
resolution of January 17, 2001 of the Court of Law of the Fourth Military Zone, which was
accepted by the Council of Subaltern Officers of the Armed Force on May 7, 2001, a request
for reconsideration of that resolution was submitted, which was denied on June 5, 200117,
and a motion of appeal was filed that was dismissed by the Council of Superior Officers of the
Armed Force on June 18, 2001.18 In addition, an amparo action was filed with the Sixth Court
for Civil Matters of Pichincha that was rejected as unfounded on July 18, 2001, in the face of
which a motion of appeal was filed. On February 4, 2002, the Constitutional Court ruled “to
dismiss the constitutional amparo action as unfounded.”19
33.
In view of the foregoing, the Commission observes that with respect to the
processing of the summary information, the alleged victim filed the remedy available, i.e. the
motion of appeal, which was rejected on June 18, 2001. The Commission observes that the
decision mentioned became final, and no other remedy would be available against it in the
administrative jurisdiction.
34.
As for the amparo action, the Commission observes that on July 18, 2001 the
Sixth Judge for Civil Matters of Pichincha ruled to deny the amparo action. That resolution
was appealed and on February 4, 2002, the Second Chamber of the Constitutional Court ruled
to dismiss the amparo action as unfounded on not finding a constitutional violation that has
been proven by the alleged victim, and for not having met the requirements indicated in the
Law on Constitutional Control.
35.
As regards the constitutional motion, Article 277 of the Constitution of Ecuador,
in force at the time of the facts, established precisely those persons who had active standing
to file that action and the requirements for filing it.20 The Commission reiterates that the
regulation of the remedy impeded its direct use by the alleged victim, since they first had to
obtain the signatures of 1,000 citizens or obtain a favorable opinion from the Human Rights
Ombudsman. In relation to those limitations, the State has not presented information on the
efficacy, in practice, of the constitutional motion in cases of individual claims; accordingly it
has not shown its efficacy for resolving the present matter in the domestic jurisdiction.21
36.
The contentious-administrative jurisdiction would not have been exhausted by
the petitioners insofar as they allege that the violations of human rights to the detriment of
the alleged victim originated in the resolution of the Court of Law of the Fourth Military Zone
16
I/A Court H.R., Velásquez Rodríguez v. Honduras Case. Judgment of July 29, 1988. Series C No. 4, para. 63.
Resolution of the Council of Subaltern Officers of the Armed Force, reference 2001-10-COSB, June 5, 2001. Attachment to the
original petition received at the IACHR on August 30, 2002.
18
Resolution of the Council of Superior Officers of the Armed Force, reference 210090-COSFT, June 18, 2001. Attachment to the
petitioners’ brief received at the IACHR on April 12, 2004.
19
Judgment of the Constitutional Court, Case No. 739-2001-RA, February 4, 2002. Attachment to the original petition received at the
IACHR on August 30, 2002.
20
Article 277 of the Constitution of the Republic of Ecuador of 2008: “Las Actions alleging unconstitutionality may be filed by: 1. The
President of the Republic, in those cases provided for in Article 276(1). 2. The National Congress, after a resolution by the majority of
its members, in those cases provided for in Article 276(1) and (2). 3. The Supreme Court of Justice, after a resolution by the Court
sitting in plenary, in those cases described in Article 276(1) and (2). 4. The provincial councils or municipal councils, in those cases
indicated in Article 276(2). 5. One thousand citizens in the enjoyment of their political rights, or any person after a favorable report by
the Human Rights Ombudsman on its admissibility, in the cases of Article 276(1) and (2). The President of the Republic shall ask for
the opinion established in Article 276(4) and (5)….”
21
IACHR, Report No. 09/05 (Admissibility), Petition 1-03, Elías Gattass Sahih, Ecuador, February 23, 2005, para. 32. IACHR, Report
No. 5/07 (Admissibility), Petition 161-05, Miguel Camba Campos et al. (Justices on the Constitutional Court), Ecuador, February 27,
2007, para. 23.
17