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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