a requirement for the suit to be admitted under Article 277(5) of the Constitution 26 and the Office of the
Ombudsman issued it on April 27, 2001, referring the suit brought by the petitioner to the Constitutional
Court.27
75.
On May 3, 2001, the Constitutional Court accepted the suit,28 and on June 18, 2001, informed
the General Commandant of the National Police thereof.29
76.
On May 16, 2001, Mr. Mina Cuero’s former live-in partner gave a statement in the presence of
a notary in which she said that she had been neither physically nor verbally abused and that the information
contained in the police report was false and based solely on the complaint made by her aunt, which was likewise
untrue. The petitioner said that that statement was included in the proceedings before the Constitutional Court,
but that the Court had not taken it into consideration. However, the Commission has no information that that
statement was formally incorporated in the proceedings. There is nothing to suggest as much in the final
decision on that suit.
77.
On August 14, 2001, the Constitutional Court decided "to reject the suit presented and order
the case archived.” The Court found that the alleged victim had ample opportunity to exercise his right of
defense during the disciplinary proceeding, given that he was assisted at his hearing by a defense lawyer, and
testimony was admitted from policemen who went to the scene of the incident. It found that nothing
unconstitutional was proven that might warrant its pronouncement.30
V.
ANALYSIS OF LAW
A.
Right to a fair trial, principle of legality, and right to judicial protection (Articles 8 and
25 of the American Convention)
78.
The Commission recalls that both organs of the inter-American system have held that the
guarantees recognized in Article 8 of the American Convention are not confined to criminal proceedings, but
apply also to other types of proceedings.31 Specifically, where punitive proceedings are concerned, both organs
of the system have held that the guarantees for criminal proceedings apply analogously, as they concern the
exercise of the State's punitive authority. 32 Bearing in mind that in the instant case the alleged victim was
punished with dismissal as a member of the National Police, the Commission considers that since it was a
punitive proceeding, the guarantees of due process and the principle of legality in accordance with Articles 8(2)
and 9 of the American Convention are applicable.
26
27
Annex XX. Request to the Ombudsman of March 29, 2001. Appended to the original petition of February 28, 2002.
Annex XX. Official letter 01528 from the Office of the Ombudsman, April 27, 2001. Appended to the original petition of February
28, 2002.
28
Annex XX. Order of the Second Division of the Constitutional Court of June 18, 2001, assuming cognizance of the suit. Appended to
the original petition of February 28, 2002.
29
Annex XX. Classification order on the unconstitutionality suit issued by the Constitutional Court on May 3, 2001. Appended to the
original petition of February 28, 2002.
30
Annex XX. Judgment of Constitutional Court, Case No. 0102001-AA, November 9, 2001. Appended to the original petition of
February 28, 2002.
31 IACHR, Report No. 65/11, Case 12.600, Merits, Hugo Quintana Coello et al. (Supreme Court of Justice) Ecuador, March 31,
2011, par. 102; I/A Court H.R.,Baena Ricardo et al. Case v. Panama, Merits, Reparations and Costs. Judgment of February 2, 2001, Series C
No. 72, pars. 126-27; Case of the Constitutional Court v. Peru, Merits, Reparations and Costs. Judgment of January 31, 2001, Series C No. 71,
pars. 69-70; and Case of López Mendoza v. Venezuela, Merits, Reparations and Costs. Judgment of September 1, 2011, Series C No. 233, par.
111.
32 IACHR, Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A Review of the Standards Adopted by the
Inter-American System of Human Rights. OEA/Ser.L/V/II.129, September 7, 2007, pars. 98-123; and Case No. 12.828, Report 112/12,
Marcel Granier et al., Venezuela, Merits, November 9, 2012, par. 188; IACHR, Report No. 42/14. Case 12.453, Merits, Olga Yolanda
Maldonado Ordoñez, Guatemala, July 17, 2014. par. 69; I/A Court H.R.,Baena Ricardo et al. Case v. Panama, Merits, Reparations and Costs.
Judgment of February 2, 2001, Series C No. 72, pars. 126-127.