Before the Disciplinary Tribunal's evaluation of the evidence presented, [...] it was determined that on
September 15, 2000, the National Police had traveled from the Province of Loja to the City of Quinde [sic]
in response to a call from his cohabitant, Micaela Velasco, indicating that his daughter was ill. Upon arriving
at [h]er home, he was met by a relative who verbally and physically assaulted him, so he chose to return
to his own home and later, [p]olice [m]embers arrived, and he chose not to leave, claiming that they were
"rough policemen" according to his statement given at the [h]earing [...] This Disciplinary Tribunal has
concluded that the National Police, as an [i]nstitution organized under a disciplined hierarchical system,
requires its members to demonstrate conscious and strict adherence to their duties and respect for the
hierarchy, the relationship between superiors and subordinates should be based on mutual respect.
Subordination and disciplinary respect must be observed even outside of service acts, a requirement which
in this case has not been observed or fulfilled by National Police Mr. V[íctor] H[enrry] M[inera] C[uero],
who has acted in accordance with the provisions of [a]rt[icle] 64[,] [numbers] 5 and 26[,] of the
[I]nstitutional Disciplinary Regulations, with the aggravating circumstances indicated by [a]rt[icle] 30[,]
letters (c), (d) and (m)[,] of the aforementioned Legal [b]ody [sic], so that [administering justice in the
name of the Republic and by authority of the Law], this [...] Disciplinary Tribunal imposes on the National
Police [...] the sanction of [dismissal or discharge from the police ranks], as established in [a]rt[icles] 32,
63 and 64 of the Regulations invoked above, and in strict application of [a]rt[icle] 44 paragraph 2 of the
mentioned Police Discipline Regulations.37
42. After the hearing, the Attorney MQ declared before a notary public that "[he] h[ad]
requested a postponement of [t]he [h]earing, in order to gain a better understandin[g] of the
contents of the file, but the request was not granted by the [P]resident [of the Disciplinary
Tribunal], and the hearing proceede[d] as scheduled."38 The above facts are not recorded in
the minutes of the corresponding hearing.
B.5. Regarding the actions recorded in Mr. Mina Cuero's professional life card
43. According to Víctor Henrry Mina Cuero's resume, issued by the Directorate of Personnel
of the National Police of Ecuador, prior to the dismissal sanction ordered on October 25, 2000,
the following sanctions were imposed on him: (a) on March 10, 1994, arrest of 720 hours;
(b) on November 3, 1998, solitary confinement of 216 hours; (c) on July 19, 2000, 480-hour
arrest, and (d) on September 21, 2000, 360 hours of manual labor.
44. The same resume recorded the following judicial proceedings: (a) trial "for the death of
a minor" dated December 2, 1994, and (b) trial "for the death of a minor" dated June 4,
1996.39
45. Furthermore, the Court was informed that, according to the Disciplinary Tribunal of the
National Police's resolution on September 13, 1996, Mr. Mina Cuero was punished with
dismissal for committing a disciplinary violation. On a basis of an application of a habeas
corpus petition filed by the alleged victim, the Constitutional Court issued a Resolution of
August 5, 1998, in which it accepted the petition and ordered "his reinstatement to the police
force, with all his rights."40
46. The Disciplinary Tribunal of the National Police also issued a decision on January 13,
1999 "dismissing" him from the police institution. In response, the alleged victim filed an
action for unconstitutionality, which was accepted by the Constitutional Court in a resolution
Cf. Minutes of the Hearing and Resolution of October 25, 2000, from the National Police Disciplinary Tribunal
(case file of evidence, volume I, annex 12 to the Merits Report, page 50).
38
Cf. On May 25, 2020, Milton Severiano Quiñonez Quiñonez presented a declaration before a notary public (case
file of evidence, volume I, annex 14 to the Merits Report, pages 57 and 58).
39
Cf. The resume of Víctor Henrry Mina Cuero, issued by the Directorate of Personnel of the National Police of
Ecuador on May 29, 2003 (case file of evidence, volume I, annex 1 to the Merits Report, pages 6 and 7),
40
Cf. On August 5, 1998, the Second Chamber of the Constitutional Court issued its Decision in case No. 31- 98RA (case file of evidence, volume I, annex 16 to the Merits Report, pages 60 to 63). To that end, the Constitutional
Court considered, among other issues, that the behavior attributed to Mr. Mina Cuero was committed while he was
on vacation, "during which time he was released from police discipline."
37