53. On May 30, 2002, the President of the Constitutional Tribunal issued a Resolution which determined that the decision of the Plenary of the Constitutional Tribunal entered into force upon its publication in the Official Register, “voiding the act declared unconstitutional” and ordered the “the Resolution be carried out immediately,[…] that is, that Colonel José Alfredo Idrovo, Army (Ret.), receive reparation for the harm he sustained, but since the decision is without retroactive effect, the applicant should not be reinstated in the Armed Forces.” 48 According to the alleged victim, he became aware of the decision of the President of the Constitutional Tribunal, without stating when, by way of a brief offered upon insistence regarding the execution of the ruling.49 54. The alleged victim presented a series of briefs addressed to the President and the Plenary of the Constitutional Tribunal requesting that the decision of March 12, 2002, be complied with.50 Because of the briefs presented by Mr. Mejía Idrovo, on May 20, 2003, the Plenary of the Constitutional Tribunal stated the following, “[i]n the case numbered No. 039-2001-TC, the brief presented by Colonel José Mejía Idrovo on April 22, 2003 is added. Mainly, the parties are awaiting the resolution by the Plenary of the Constitutional Tribunal on March 12, 2002, notified on the 25 of that month and year. No subsequent measure can modify the mentioned resolution.”51 d) Noncompliance Action before the Constitutional Court 55. On April 22, 2009, Mr. Mejía Idrovo filed a noncompliance action of the Resolution of the Constitutional Tribunal of March 12, 2002, before the Constitutional Court of Ecuador against the General Command of the Army.52. 48 Resolution of the President of the Constitutional Tribunal issued on May 30, 2002 (annexes to the application, annex 13, f. 1332). 49 Cf. Communication of Mr. Mejía Idrovo addressed to the President of the Constitutional Court presented on June 5, 2002, in operative paragraph 2(1) it literally states “I have not been provided with legal notice of this second order [of May 30, 2002] in this case (Case file of the annexes to the answer of the application, tome I, annex 38, f. 227). 50 Cf. Letter from Colonel José Alfredo Mejía Idrovo to the President of the Constitutional Court, received on April 8, 2002. (annexes to the application, annex 12, fs. 1327); letter of the representatives addressed to the President of the Constitutional Tribunal of April 26, 2002 (annexes to the application, annex 12, fs. 1323 to 1324); letter of the representatives addressed to the President of the Constitutional Tribunal presented on August 7, 2007 (annexes to answer of the application, annex 32, tome I, fs. 223); letter to Mr. Mejía Idrovo addressed to President of the Republic dated on September 14, 2007 (appendix to the application, Appendix 12, tome I, f. 1329); Communication of the representatives addressed to President and members of the Constitutional Court presented on September 14, 2007, (annexes to the application, annex 40, f. 1405), and communication of Mr. Mejía Idrovo addressed to the President of the Republic on March 26, 2007 (appendixes of the Commission, appendix 2, tome II, f. 764). 51 Cf. Legal notice to the Plenary of the Constitutional Court on May 20, 2003, addressed to the alleged victim (case file of annexes to the application, annex 26, folio 1368). 52 Cf. Brief of Mr. Mejía Idrovo addressed to the Constitutional Court of Ecuador on April 22, 2009 (annexes to the ESAP, annex 57, fs. 1865 to 1878); Letter from Xavier Mejía to the Constitutional Court of Ecuador on August 25, 2009 (annexes to the ESAP, annex 59, fs. 1884 and 1885); Letter from Xavier Mejía to the Constitutional Court, stamped as received by the Constitutional Court on August 14, 2009 (annexes to the brief of pleadings and motions, annex 59, fs. 1886 and 1887). 19