plaintiff’s claim in its entirety and, if appropriate, order the necessary measures to grant him or her
comprehensive restitution.”
25.
In short, the State maintained that, given the existence of a judgment of the Constitutional
Court of Ecuador that partially upheld Mr. Viteri’s claims, it is incumbent upon him and his representatives in
Ecuador to continue to pursue the remedies available under domestic law so that, with regard to the
proceedings before the Disciplinary Board and the following three strict arrests, the petitioner can obtain fair
reparation in a domestic court before availing himself of international proceedings.
26.
As for Mr. Viteri Ungaretti’s claims that were dismissed by the Constitutional Court, the State
asserted that they are not subject to review by the IACHR, insofar as they do not involve the violation of any
right enshrined in the American Convention. According to the State, the decision to deny the petition for a
constitutional remedy for the acts concerning Mr. Viteri’s removal from his position as Naval Attaché to the
Embassy in the United Kingdom was rendered in strict adherence to the procedural rights to which he was
entitled, and therefore a review of this aspect of the decision would lead the Commission to act as an appeals
court or a court of fourth instance.
27.
The State added that “There is nothing in the case record to indicate that these two acts were
a direct consequence of the December 5, 2001 decision of the Disciplinary Board, the February 8, 2002 decision
of the Naval Operations Commander and Chief of Zone One, and the November 13, 2001 decision of the
Commander General of the Navy ordering the three strict arrests against Mr. Viteri, which were later the subject
of the amparo petition that was filed by Mr. Viteri and granted by the Constitutional Court. The State is of the
opinion that these acts are distinct, and that although they were challenged in the appeal, it concerns other
claims that must be adjudicated separately, as the Constitutional Court did.” It reiterated that, “If Mr. Viteri
believes, as he has maintained in his most recent brief, that these events are directly connected to the strict
arrests and that they should be remedied as such, it is then urgent that he file a noncompliance action to give
the Ecuadorian State the opportunity to address his claims at the domestic level.”
V.
ANALYSIS ON COMPETENCE AND ADMISSIBILITY
B.
Competence of the Commission ratione materiae, ratione personae, ratione temporis,
and ratione loci
28.
Under Article 44 of the American Convention and Article 23 of the Rules of Procedure of the
IACHR, the petitioner has locus standi to file petitions before the Inter-American Commission. With respect to
the State, Ecuador is a party to the American Convention, and therefore is internationally accountable for
violations of that instrument. The alleged victims are individuals with respect to whom the State agreed to
guarantee the rights enshrined in the American Convention. Accordingly, the Commission has jurisdiction
ratione personae to examine the petition.
29.
The IACHR has jurisdiction ratione materiae because the petition concerns alleged violations
of human rights protected by the American Convention. In addition, the Commission notes that Ecuador has
been a State Party to the Convention since December 28, 1977, the date on which it deposited its ratification
instrument. Therefore, the Commission has jurisdiction ratione temporis to examine the petition.
30.
Finally, the Inter-American Commission has jurisdiction ratione loci to examine the petition
because it alleges that rights protected in the American Convention were violated within Ecuadorian territory.
C.
Other Requirements for the Admissibility of the Petition
1.
Exhaustion of Domestic Remedies
31.
Article 46.1.a of the American Convention provides that for a petition submitted to the InterAmerican Commission to be admissible under Article 44 of the Convention, the petitioner must first have
pursued and exhausted domestic remedies, in keeping with generally recognized principles of international