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

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