that he would kill them if they wrote up a report. He added that the petitioner did not have a firearm in his
possession.6
54.
That same day, Corporals Willians Orlando Acurio7 and Richard Fredy Ochoa8 gave statements
to the Judicial Police in which they provided the same version of events as their colleagues.
55.
Mrs. Rosa Velasco also gave a statement to the Judicial Police on September 20, 2000, in which
she said that the alleged victim and her niece had separated because of the continuous mistreatment that she
had suffered at his hands, and that on September 15, 2000, he had turned up and sought to enter her home,
insulted her, banged on her door, and threatened to kill her, before she called the police and a relative of his
took him away.9
56.
On September 20, 2000, the Office of the National Director of the Judicial Police issued Report
No. 2000-381, which concluded, based on the above statements—including that of the alleged victim—and the
police report, that:
[…] Police Constable VÍCTOR HENRY MINA CUERO had caused a disturbance at the home of
Mrs. ROSA VELASCO QUIÑONEZ, physically and verbally abusing his former live-in partner
MICAELA VELASCO .... That he had proceeded to verbally attack his superiors when he was
warned about his conduct, at whom he had directed epithets unbecoming of a member of the
police .... That he was not off-duty .... The Police Constable VÍCTOR HENRY MINA CUERO is a
repeat offender who has committed disciplinary violations of this type before.10
3.
Proceeding and Dismissal by the Disciplinary Tribunal
57.
On October 17, 2000, the General Command of the Police ordered a disciplinary tribunal to be
convened in order to "examine, try, and punish the disciplinary offenses attributed to the aforementioned
member of the police.”11 That decision stated that the tribunal would hold its hearing on October 25, 2000, at
11:00 a.m. in the casino of CP-14.12
58.
The petitioner said that he was not notified of the above decision and that it was not until
October 24, 2000, in the city of Loja that one of his superiors informed him that he was supposed to appear at
the hearing of the Disciplinary Tribunal in the city of Esmeraldas, which was a very long way from where he
resided. The State provided no evidence of the existence of a formal written notice of the opening of the
proceeding, the reasons for it, or the hearing summons.
59.
The hearing was held on October 25, 2000.13 Mr. Mina Cuero had legal assistance from the
lawyers Zoila Nevares Klinger and Milton Quiñonez Quiñonez.14
60.
According to a statement by the lawyer Milton Quiñonez in 2010, the petitioner was never
properly notified of the hearing summons or informed of the offenses for which he was being investigated. He
6
Annex XX. Statement of Jorge Washington Guajan Miranda of September 20, 2000. Police Report No. 2000-381. Annex 3 to the
State's brief of March 12, 2010.
7
Annex XX. Statement of Willians Orlando Acurio Rojas of September 20, 2000. Annex 3 to the State's brief of March 12, 2010.
8 Statement of Richard Fredy Ochoa Calle of September 20, 2000. Police Report No. 2000-381. Annex 3 to the State's brief of
March 12, 2010.
9
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.
10
Annex XX. Police Report No. 2000-381 to the Provincial Chief of Esmeralda Rural Service No. 14 on an investigation. Annex 3 to
the State's brief of March 12, 2010.
11 The record shows that the tribunal comprised Police Staff Colonel José Antonio Vinueza Jarrin, and the Esmeraldas Police
Provincial Commandant No. 14; as co-judges, Police Captains Aníbal Sarmiento and Luis Gallardo, according to their seniority; and Gladys
Cuenca Velásquez, Third Judge of the First National Police District, as secretary.
12
Annex XX. Memorandum 2000-1602-CPD-SS of the General Command of the National Police of October 17, 2000. Appended to the
State's brief of June 10, 2003.
13
Annex XX. Resolution of the National Police Disciplinary Tribunal, October 25, 2000. Annex 4 to the State's brief of March 12, 2010.
14
Annex XX. Brief of Victor Henri Mina Cuero to the Disciplinary Tribunal. Annex 2 to the State's brief of March 12, 2010.