Article 66. The police personnel shall be discharged for one of the following reasons: [...] 10. By judgment
of the Disciplinary Tribunal for Classes and Officers; [...].
Article 67. Police personnel who consider that they have been suspended or illegally discharged may appeal
to the respective Council as provided in Article 55 of this Law, within 30 days following the publication of
the Decree, Agreement, or Resolution in the corresponding General Order. Councils must resolve these
complaints within 30 days.22
B. Disciplinary proceedings against Víctor Henrry Mina Cuero
B.1. Period of service of Mina Cuero in the National Police of Ecuador
28. Víctor Henrry Mina Cuero was born on August 20, 1973, in the Quinindé Canton,
province of Esmeraldas, Ecuador. He served in the National Police of Ecuador (hereinafter also
"National Police") during the period from April 1, 1993, to October 25, 2000.23
B.2. Facts prior to the initiation of disciplinary proceedings
29. On September 15, 2000, agents of the Esmeraldas Provincial Command No. 14 members of
the National Police issued a police report notifying their superiors of an incident that had taken
place in the town of Quinindé. To that end, the agents reported, inter alia, the following:
A phone call from Rosa Velasco [was] received informing that her niece Micaela Velasco was being
physically and ver[b]ally abused by her ex-[pa]rtner, and that he had also been shooting to intimidate
her. [...] [W]e arrived at the location and confirmed that it was Mr. Police V[íctor] H[enrry] M[ina] C[uero],
who was in an [i]ntox[i]cated state, inside a residence. Upon seeing the police pr[e]sence, he began to
insult us with extremely inappropriate [e]p[i]thets and a series of insults against all of us who had come
to her aid, calling us [“] rough policemen["] and attempting to leave with the clear intention of lynching
us[.] However, he was detained by his family. He also expressed that [h]e would kill the policeman and
that he did not care […] be[c]ause [h]e had already been discharged twice and reinstated.24
30. On September 16, 2000, another report was sent to the Chief of Esmeraldas Rural
Service No. 14, in which he was informed that "in accordance with his verbal instruction," the
weapon ha[d] been remov[ed]" from agent Víctor Henrry Mina Cuero for "the relevant
investigations concerning the verbal complaint filed by M[icaela] V[elasco]."25
B.3. Investigation of the Incident
31. The National Police, through the National Directorate of the Judicial Police, initiated an
investigation into the incident. For this purpose, as part of the proceedings carried out, the
statement of Mr. Mina Cuero, as well as of the four agents who signed the police report of
September 15, 2000, and of the agent who issued the report on September 16 of the same
year. Additionally, Rosa Velasco was interviewed.26
Cf. The National Police Personnel Act, Law No. 123 (available at: https://vlex.ec/vid/ley-123-ley-personal643461641).
23
Cf. 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, folios 6 and 7), and personal data card
of Víctor Henrry Mina Cuero, corresponding to the National Police of Ecuador (case file of evidence, volume II, the
procedure before the Commission, pages 128 and 129).
24
Cf. Police report dated September 15, 2000 (case file of evidence, volume I, annex 2 to the Merits Report, page
10).
25
Cf. Police report of September 16, 2000, (case file of evidence, volume IV, annex 1.2 to the response, page
1696).
26
Cf. The statement of Rosa Eloísa Velasco Quiñonez, submitted to the National Police on September 16, 2000
(case file of evidence, volume I, annex 3 to the Merits Report, page 12); a memorandum from the Provincial
Commander of the National Police on September 19, 2000, instructing the Chief of the Judicial Police of the Quinindé
Rural District to conduct the corresponding investigation (exhibit file, volume I, annex 6 to the Merits Report, page
22