respect to which the State has refuted the allegations and has demonstrated that no
violations of rights existed. In this regard, the Court deems it pertinent to admit the
aforementioned statement, insofar as it is in keeping with the object defined in the
Order that required it (supra para. 10) and with the purpose of this case.
43.
In its final written arguments, the State also referred to the expert opinion of
Michael J. Camilleri, arguing that “it is evident that the content of the expert opinion
seeks to support the hypothesis of the [Commission] and the alleged victim, according
to which the opening of criminal proceedings against Mr. Grijalva Bueno in the military
jurisdiction was ordered because the alleged victim denounced the participation of
military personnel in serious human rights violations [,] however, this assertion lacks
veracity.” In addition, the State referred to the expert witness’s considerations
regarding human rights defenders in relation to Mr. Grijalva Bueno’s situation. The
Court notes that the views expressed by the State regarding the expert opinion refer
to its probative value, not to the admissibility of the evidence. Consequently, the Court
admits the evidence and will take into account Ecuador’s considerations in the
assessment thereof.
VII
FACTS
44.
In this chapter, the Court will establish the facts of the case based on the factual
framework submitted to the Court by the Inter-American Commission, taking into
account the facts recognized by the State, as well as those mentioned by the State in
relation to the military criminal proceedings, on the following issues: A) Vicente Aníbal
Grijalva Bueno; B) Administrative procedure for the dismissal of Mr. Grijalva Bueno; C)
Appeal before the Court of Constitutional Guarantees, and D) Military criminal
proceedings against Mr. Grijalva Bueno.
A. Vicente Aníbal Grijalva Bueno
45.
Mr. Vicente Grijalva Bueno21 was a member of the Ecuadorian Navy, with the
rank of Lieutenant Commander attached to the General Directorate of the Merchant
Navy. In the course of his duties, Mr. Grijalva became aware of illegal and arbitrary
detentions, acts of torture, forced disappearances and the murders of three persons by
Navy personnel, and reported these human rights violations to his hierarchical
With regard to Mr. Grijalva’s family, in his affidavit, Mr. Grijalva Bueno indicated that his wife is Mrs.
María Dolores Ycaza Columbus and that he has four children: Alex Vicente, Jennifer Zulay, Stefano Martin
and Jamileth Adriana, all with the surnames Grijalva Ycaza Cf. Affidavit of Vicente Aníbal Grijalva Bueno
rendered on November 30, 2020 (evidence file, folios 4681 to 4761).
21
13