I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case before the Court. – On October 26, 2020, the Inter-American Commission on
Human Rights (hereinafter also "Commission" or "Inter-American Commission") submitted to
the jurisdiction of the Court the case "Víctor Henr[r]y Mina Cuero"1 against the Republic of
Ecuador (hereinafter also "State,” "Ecuadorian State," or "Ecuador"). According to the
Commission, the case relates to the alleged international responsibility of the Ecuadorian
State for a series of violations that were allegedly committed in the context of the disciplinary
process that led to the dismissal of Mr. Mina Cuero from his position as a police officer. The
Commission concluded that the Ecuadorian State is responsible for the violation of the rights
to judicial guarantees, the principle of legality, and judicial protection enshrined in Articles
8(1), 8(2)(b), 8(2)(c), 8(2)(d), 8(2)(h), 9, and 25(1) of the American Convention on Human
Rights, in relation to Articles 1(1) and 2 of the same international instrument, to the detriment
of Victor Henrry Mina Cuero.
2.
Procedure before the Commission. – The procedure before the Commission was as
follows:
a)
Petition. – On March 11, 2002, Mr. Víctor Henrry Mina Cuero presented the initial
petition to the Commission.
b)
Admissibility and Merits Report. – In a communication dated August 27, 2003, the
Commission notified the application of Article 37(3) of its Rules of Procedure, in
effect at that time, to defer the treatment of admissibility until the debate and
decision on the merits. The Committee approved Admissibility and Merits Report
No. 63/18 (hereinafter also "Merits Report" or "Report No. 63/18") on May 8, 2018,
in which it reached a series of conclusions and made various recommendations to
the State.
3.
Notification to the State. – The Merits Report was notified to the State in a
communication dated July 26, 2018, and a period of two months was granted to report on
compliance with the recommendations made. The Commission granted eight extensions of
the deadline.
4.
Submission to the Court. – On October 26, 2020, the Commission submitted to the
Court all the facts and human rights violations in the case. As indicated, "taking into account
the need to obtain justice and reparation for the [alleged] victim."2 This Court is deeply
concerned that approximately eighteen years passed between lodging the initial petition to
the Commission and submitting the case to the Court.
5.
Requests of the Commission. – Based on the above, the Commission asked the Court
to declare the international responsibility of the State for the same violations indicated in its
Merits Report. The Commission also requested the Court to order the State to take various
reparative measures, which are detailed and analyzed in Chapter VIII of this Judgment.
II
1
Although the Merits Report included the name of the alleged victim as "Henry", the corresponding identification
card issued by the National Police of Ecuador showed the name as "Henrry."
2
The Commission appointed its delegate to the Court as the then Commissioner Antonia Urrejola Noguera, and
designated Marisol Blanchard, then Deputy Executive Secretary, Jorge Humberto Meza Flores, and Christian González
Chacón, then lawyers of the Executive Secretariat, as legal advisers.