REPORT No. 36/15
PETITION 717-05
ADMISSIBILITY
JULIO ROGELIO VITERI UNGARETTI AND FAMILY
ECUADOR
JULY, 22 2015

I.

SUMMARY

1.
On January 3, 2002, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or the “IACHR”) received a complaint from Navy Captain Julio Rogelio Viteri Ungaretti
(hereinafter “Viteri Ungaretti” or “the petitioner”) on his own behalf and on behalf of his wife, Ligia Rocío
Alarcón Gallegos, his children Michelle Rocío Viteri Alarcón and Rogelio Sebastián Viteri Alarcón, and other
members of his family, alleging the international responsibility of the Republic of Ecuador (hereinafter “the
State” or “Ecuador”) for the violation of his human rights, in retaliation for having reported acts of corruption
involving high-ranking officers of the Ecuadorian Armed Forces.
2.
The petitioner alleged that while he was working as the Naval and Military Defense Attaché to
the Embassy of Ecuador in London, he submitted a report to the Ecuadorian Ambassador to the United Kingdom
that revealed confidential information about alleged acts of corruption in the administration of public funds by
the Ecuadorian Armed Forces. He indicated that, in light of this denunciation, he had been the victim of
disciplinary sanctions, arrests, removal from his post, the deprivation of his salary, the blocking of his
promotion, forced resignation, and discharge from military service, as well as multiple acts of persecution,
including being subjected to judicial and disciplinary proceedings. He further alleged that both he and
members of his family had been the victims of threats, attacks, and harassment, because of which he and his
wife, his two children, and his mother-in-law were forced to seek asylum in the United Kingdom, where they
currently reside with refugee status. He alleged that these acts constitute a violation of Articles 1.1 (Obligation
to Respect Rights), 2 (Domestic Legal Effects), 4 (Right to Life), 5 ( Right to Humane Treatment), 7 (Right to
Personal Liberty), 8 (Right to a Fair Trial), 10 (Right to Compensation), 11 (Right to Privacy), 13 (Freedom of
Thought and Expression), 14 (Right of Reply), 17 (Rights of the Family), 19 (Rights of the Child), 21 ( Right to
Property), 24 (Right to Equal Protection), and 25 (Right to Judicial Protection) of the American Convention on
Human Rights (hereinafter the “American Convention” or the “Convention”), to his detriment and to the
detriment of his relatives (hereinafter “the alleged victims”).
3.
With respect to the requirements for the admissibility of the petition, the petitioner alleged
that under current law it was impossible to obtain real justice in his case. Nevertheless, he reported that he
filed a petition for a constitutional remedy [acción de amparo] challenging the decisions issued against him, and
that this remedy was not effective.
4.
The State, for its part, argued that the petitioner went before the Commission without having
sought or exhausted the appropriate remedies under domestic law and without demonstrating the reasons for
which those remedies were ineffective to resolve his legal status. In addition, in the opinion of the State, the
facts alleged do not constitute a violation of any right enshrined in the American Convention.
5.
After examining the positions of the parties in light of the admissibility requirements
established in Articles 46 and 47 of the Convention, and without prejudging the merits of the case, the IACHR
decided to declare the petition admissible with respect to the alleged violation of Articles 5, 7, 8, 13, 22, and 25
of the American Convention, in connection with the general obligations enshrined in Articles 1.1 and 2 thereof.
The Commission further decided to declare the petition inadmissible with respect to the alleged violation of
Articles 4, 10, 11, 14, 17, 19, 21 and 24 of the American Convention. Consequently, the Commission decided to
give notice to the parties, continue with the examination of the merits with regard to the alleged violations of
the American Convention, publish this Admissibility Report, and include it in its Annual Report to the General
Assembly of the Organization of American States.

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