said that prior to the hearing he sought a continuance in order to prepare an adequate defense, but that the Disciplinary Tribunal denied his request. 61. The record of the hearing shows that the president of the Disciplinary Tribunal ordered the alleged victim's employment record to be read out, which stated as follows: VICTOR HENRY MINA CUERO, who joined the institution as a Professional Police Constable on April 1, 1993, has four disciplinary sanctions in his record, with a total of 74 days of detention for failure to abide by Articles 68 and 81 of the Personnel Law in force; he registers a criminal proceeding for homicide, which was provisionally dismissed; he was discharged by judgment of the Disciplinary Tribunal and later reinstated by ruling of the Constitutional Court.15 62. The Commission notes that prior to the disciplinary proceeding described in the following section, the alleged victim underwent a criminal prosecution and two disciplinary proceedings. 63. As regards the criminal proceeding, the record shows that he was prosecuted for the homicide of a girl. That case was ultimately dismissed on December 9, 1993, by a ruling of the Seventh Criminal Court of Ríos, a decision that was made final by a decision of the Superior Court of Babahoyo on September 23, 1994.16 64. With respect to the first disciplinary proceeding, the record shows that on September 24, 1996, he was discharged for violating the National Police Criminal Code; however, on August 5, 1998, the Second Division of the Constitutional Court granted his appeal and ordered his reinstatement in the ranks of the police. 65. As regards the second disciplinary proceeding, the record shows that on January 13, 1999, the alleged victim was punished with dismissal; however, on January 24, 2000, the Constitutional Court granted an action for unconstitutionality in favor of the alleged victim and reversed the dismissal.17 66. At the end of the record it states that the Disciplinary Tribunal adopted a decision punishing Víctor Henry Mina Cuero with “dismissal or discharge from the police ranks.”18 67. The tribunal took the following facts as proven: On September 15, 2000 the National Police Constable traveled from the Province of Loja to the city of Quinde, as he had received a call from his live-in partner, Ms. Micaela Velasco, who told him that his daughter was sick. He decided to go to her home. However, there, he was greeted by a relative of hers, who allegedly abused him verbally and physically. He decided to withdraw and go home, after which members of the police arrived, in response to which he chose not to come out of his home and told them that they were dirty cops, all of this according to the statement given at this hearing in the presence of his defense counsel.19 68. In its considerations, the Tribunal found that: This Disciplinary Tribunal is of the conviction that the National Police, in light of its status as an institution organized under a disciplined hierarchical system, requires mindful and strict discipline from its members, expressed as faithful performance of duty as well as respect for 15 Annex XX. Voluntary sworn statement in the presence of a notary by the lawyer Milton Severiano Quiñonez Quiñonez. May 25, 2010. Appended to the petitioner’s brief of June 7, 2010. 16 Annex XX. Judgment of the Superior Court of Babahoyo of September 23, 1994, Criminal Case No. 39-94. Appended to the petitioner’s brief of August 7, 2003. 17 Annex XX. Official Record No. 4 of the Constitutional Court of January 24, 2000, which contains Constitutional Court Ruling 0072000 accepting the unconstitutionality suit on January 24, 2000, Case 352-99-AA. Appended to the petitioner’s brief of August 7, 2003. 18 Annex XX. Resolution of the National Police Disciplinary Tribunal, October 25, 2000. Annex 4 to the State's brief of March 12, 2010. 19 Annex XX. Resolution of the National Police Disciplinary Tribunal, October 25, 2000. Annex 4 to the State's brief of March 12, 2010.