approved on January 12, 2000, ordering to "revoke" the decision that imposed the punishment.41 47. Regarding the "criminal trial [...] for [the] death" of a minor to which Mr. Mina Cuero was subjected, the Seventh Criminal Court of Los Ríos "provisionally dismissed the proceedings" on December 9, 1993. This dismissal was confirmed by the First Chamber of the Superior Court of Babahoyo on September 23, 1994.42 B.6. Enforcement of the Disciplinary Tribunal's decision 48. On November 10, 2000, the General Commander of the National Police issued General Order No. 216, which included Resolution No. 2000-402-C-CG-B, which [o]rdered the dismissal of Víctor Henrry Mina Cuero from the [p]olice ranks on October 25, 2000, "by judgment of the Disciplinary Tribunal."43 C. Appeal mechanisms promoted by Mr. Mina Cuero 49. The alleged victim did not pursue specific remedies within the administrative disciplinary proceedings but instead initiated legal actions in accordance with the 1998 Constitution and subsequently under the Constitution that has been in force since 2008. C.1. Remedy of amparo 50. On December 15, 2000, Mr. Mina Cuero filed a "[C]onstitutional [H]abeas [C]orpus" against the ruling of the Disciplinary Tribunal that imposed the sanction of removal. To that end, it made, inter alia, the following allegations: (a) "[t]he [t]he statement was taken in the investigative proceedings without the presence of defense attorney"; (b) "[t]he [person] was separated from [his] natural judge,” since "on the day of the alleged events he was not on duty," so that the matter fell within the jurisdiction of the ordinary courts; (c) "[w]hat [he] was accused of was never proven, thus violating [his] job stability,” and (d) his rights to the presumption of innocence and to defense were disregarded.44 51. On December 18, 2000, during the constitutional proceedings, the Third Civil Court of Esmeraldas scheduled the hearing for December 22 of the same year, at 9:00 a.m.45 On December 22, 2000, Mr. Mina Cuero informed that "due to reasons of force majeure" he would not be able to attend the scheduled hearing, thus requesting to "set a new day and time" for the purpose.46 In response to that, on January 9, 2001, the judicial body scheduled the 41 Cf. Publication of the Official Gazette of January 27, 2000, which included Resolution No. 007-2000-NP of the Constitutional Court, approved in the session of January 12, 2000, Case No. 352-99-AA (case file of evidence, volume I, annex 17 to the Merits Report, pages 11 and 12). In its decision, the Constitutional Court determined that "at the time the offenses were committed," Mr. Mina Cuero "did not have any police duties, nor c[ould] they be considered acts of service." 42 Cf. Judgment issued on September 23, 1994, by the Superior Court of Babahoyo in the criminal case identified as Criminal Case No. 39-94 (case file of evidence, volume I, annex 15 to the Merits Report, pages 60 to 62). 43 Cf. General Order No. 216, issued by the General Commander of the National Police on November 10, 2000 (case file of evidence, volume I, annex 18 to the Merits Report, pages 79 and 80). 44 Cf. On December 15, 2000, Víctor Henrry Mina Cuero submitted a brief in which he sought constitutional protection (case file of evidence, volume I, annex 19 to the Merits Report, pages 84 to 89). 45 Cf. Decree of December 18, 2000, issued by the Third Civil Court of Esmeraldas, Case No. 12834-20 (case file of evidence, volume IV, annex 3.3 to the response, page 1735). 46 Cf. On December 22, 2000, Víctor Henrry Mina Cuero submitted a brief to the Third Civil Court of Esmeraldas, Case No. 12834-20 (case file of evidence, volume IV, annex 3.4 to the response, page 1739).