of Articles 25(1) and 25(2)(c) of the American Convention, declared to the detriment
of the victim, the Court deems it pertinent to establish the following measures.
1.
Restitution
135. The representatives requested the Court to order the State to "take the
necessary actions in order to carry out the promotion procedure as ordered by the
Constitutional Court, that is, that once it has met the requirements established in the
law, as pointed out by the Constitutional Tribunal, it is to proceed according to the
military legislation and that the Council of General [Officers] request the respective
authorities to issue the [d]ecrees of promotion and to make public said decrees in
the respective general order.” The Commission did not state a specific position
regarding this point, and limited itself to request that this Court “order the State to
take necessary measures to effectively comply with the judgment of the
Constitutional Tribunal of Ecuador issued on March 12, 2002.
136. In this regard, the State sustained, contrary to that claimed by the
representatives, that the ruling of the Constitutional Tribunal, by not having
retroactive effects did not imply the promotion of Mr. Mejía Idrovo to the next higher
rank. “The Constitutional Tribunal ordered instead the reparation of the damages.”
137. The Court notes that it indeed was proven in Chapter VI that there were
omissions in the due process, which were corrected in the domestic forum during the
processing of the case before the Court. The Tribunal notes that, by decision of
October 8, 2009, the Constitutional Court ordered “[t]he reinstatement of the
plaintiff to the professional situation that he held within the Land Forces, on the date
immediately prior to the issuance of the Executive Decrees declared
unconstitutional.” Subsequently, on October 18, 2010, Mr. Mejía Idrovo was
reinstated to active duty as Colonel of the Army.
138. In view of the foregoing, the Court finds that during the processing of the
case before this Tribunal, Mr. Mejía Idrovo was reinstated to his position, to which
his rights have been restored for the time the violation occurred. Therefore, in this
aspect he has received reparation.
2.
Satisfaction
a) Publication of the Judgment
139. The representatives requested that “the State must publish in the Official
Gazette and in a newspaper of national circulation, once, the chapter on the
established facts” in the judgment of this Court and “the operative paragraphs
therein.” Moreover, they requested that the State “carry out a public military
celebration of redress for José Mejía wherein it offers an apology for the damage
incurred by him and his family during these years and official disapproval of the
direct perpetrators of the violations at hand, in addition to the contempt against the
victim and his family.”
140. In this regard, the State noted that there is a lack of cooperation by the
representative of Colonel Mejía Idrovo “in order to comply with the recommendations
of the Commission, despite the State’s good faith.” It added that “the Ministry of
Justice and Human Rights drafted an extract of a public apology” that was rejected
by Mr. José Mejía Idrovo’s attorney on November 5, 2009. According to the State
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents