B.
Relevant Legal Framework
42.
Article 234 of the Code of Criminal Procedure of the National Civil Police provided:
All disciplinary offenses, except those that are the exclusive jurisdiction of the Disciplinary
Tribunal shall be adjudicated and punished summarily with no need for any other formality
than the relevant order.
43.
In addition, the Disciplinary Regulations of the National Police provided:
Article 17. The Disciplinary Tribunal has exclusive jurisdiction to judge and punish class III
offenses, in accordance with the provisions contained in these Regulations.
Article 63. Anyone who commits serious or class III offenses shall be punished with dismissal
or discharge, 31 to 60 days of detention or 21 to 30 days of hard labor, or severe punishment.
The Disciplinary Tribunal shall have exclusive jurisdiction over class III offenses.
Article 64. The following constitute serious or class III offenses:
[…] 5. Anyone who performs any act that evinces inconsideration or insolence to a superior,
whether on duty or off duty;
26. Engaging in manifest acts of violence or indiscipline toward a superior, where the act does
not constitute a criminal offense;
Article 30. The following are aggravating factors for the purposes of grading disciplinary
penalties:
(c) Where the act is committed in the presence of personnel, such that it may be considered a
bad example for maintaining order and discipline;
(d) Repeated commission of offenses in terms of time and seriousness;
(m) Any other circumstance that in the opinion of the superior increases the seriousness of
the offense or suggests that the punished individual may be presumed dangerous.
Article 84. Penalties imposed for offenses may be appealed, except when imposed in
judgments of the Disciplinary Tribunal or by order of the President of the Republic.
44.
Article 10 of the Law on the Litigious Administrative Jurisdiction provides:
Article 10. The Court of Administrative Litigation has the following powers and duties:
(a) To examine and adjudicate at sole instance challenges to the regulations, acts, and
decisions of the public administration, of semipublic persons, or of persons governed by
private law established for a social or public purpose, and to decide on their legality or
illegality;
45.
For its part, the National Police Personnel Law provides:
Article 67. Police personnel who consider that they have been unlawfully placed in transitory
status or discharged may appeal to the appropriate Council in the manner set forth in Article
55 of this Law within 30 days following the publication of the decree, decision, or resolution in
the relevant general order. Councils shall have 30 days to resolve such claims.
Article 55. The resolutions adopted by the respective councils may be appealed. For such
purposes, the appellate bodies are the Council of Generals for resolutions of the Superior