Council, and the Superior Council for resolutions of the Council of Noncommissioned Officers
and Police Constables General and superior officers may lodge appeals for review with the
same Council. Appeals shall be lodged within 15 days of notification of the resolution by the
appropriate Council, which shall cause it to be final.
46.
The implementing regulations for the National Police Personnel Law provide:
Article 79. Discharge is irreversible, regardless of the cause. Officer and police constable candidates
shall be subject to the regulations of the relevant training schools.
C.
Disciplinary Proceeding
1.
The Events That Led to the Disciplinary Proceeding
47.
On September 15, 2000, Mrs. Rosa Velasco, the aunt of the petitioner's former live-in partner,
made an emergency call to the police alleging that Mr. Mina Cuero was physically and verbally abusing her
niece and firing gunshots to frighten them.2
48.
That same day, three police corporals responded to the complaint and went to the home of a
relative of Mr. Mina Cuero, where he was located. They recorded in a police report that the alleged victim was
"under the influence of alcohol” and greeted them with insults, shouting “dirty cops” at them.3
2.
The Investigation and Report of the Judicial Police
49.
As a result of the events described in the preceding section, the alleged victim was made the
subject of an investigation.
50.
On September 18, 2000, Víctor Henry Mina Cuero gave a statement to the Judicial Police with
a representative of the Public Prosecution Service (Ministerio Público) present but without the assistance of
legal counsel. That fact was recognized by the State. In his statement, the alleged victim said that when he
arrived at the home of his former live-in partner Mrs. Rosa Velasco attacked him, that he had mistreated neither
her nor her niece, and that he had not fired gunshots since he was not even carrying his firearm. They
specifically asked him if he was disrespectful to the police who went to his domicile in response to the
complaint, to which he replied that he had called them "dirty cops,” which was an expression used in the police.4
51.
On September 19, 2000, Cpl. Jacinto Sandro González gave a statement to the Judicial Police in
which he said that when they arrived at the alleged victim's domicile, he shouted "dirty cops" at them and told
them that he had joined the police before any of them and that he would kill anyone who wrote him up in a
report.5
52.
That same day, the Provincial Commandant of National Police in Esmeraldas requested the
Chief of the National Police to open an investigation within 48 hours, in light of the events recorded in the police
report submitted on September 15, 2000.
53.
On September 20, 2000, Cpl. Jorge Washington Guajan also gave a statement to the Judicial
Police in which he said that he had accompanied Corporals Ochoa, González, and Acurio to Avenida 9 de Octubre
at 8:25 p.m., where they found the petitioner at the home of a relative of his, that he called them dirty cops, and
2
Annex XX. Incident Report to the Chief of Esmeralda Rural Service No. 14, September 15, 2000. Appended to the State's brief of June
10, 2003; Annex XX. Statement of Rosa Eloisa Velazco Quiñonez of September 20, 2000. Police Report No. 2000-381. Annex 3 to the State's brief
of March 12, 2010.
3Annex XX. Incident Report to the Chief of Esmeralda Rural Service No. 14, September 15, 2000. Appended to the State's brief of
June 10, 2003;
4 Annex XX. Statement of Victor Henry Mina Cuero of September 18, 2000, Police Report No. 2000-381. Appended to the original
petition of February 28, 2002. Annex 1 to the State's brief of March 12, 2010.
5
Annex XX. Police Report No. 2000-381. Statement of Gustavo George López Cajamarca of September 19, 2000. Appended to the
State's brief of June 10, 2003.