32. On September 18, 2000, Víctor Henrry Mina Cuero gave his statement. A prosecutor
from the Public Prosecutor's Office was present at the proceedings, in addition to the Judicial
Police investigator. To this end, Mr. Mina Cuero reported, among other matters, that he had
received a call from Micaela Velasco informing him that his daughter was ill, prompting him
to travel to the town of Quinindé. Upon arriving at Mrs. Velasco's residence, he was greeted
by her aunt "with violence," so he chose to leave. Later, the agents went to his home, but he
"refuse[d] [t]o leave." In response to questions, he stated that "he h[ad] [not] physically or
verbally abused" Micaela Velasco, that on the day of the incident, he was 'off-duty' (exempt
from service) with superior authorization, and that he was not carrying a weapon and was not
under the influence of alcohol. He added that he had referred to the agents who came to his
home as "[rough policemen],”27 as it is "a term that [...] is used in the police context."28
33. The police officers reiterated, in general terms, the facts reported in the corresponding
police reports.29
34. On September 20, 2002, the National Directorate of the Judicial Police submitted the
report of the investigation conducted, concluding the following:
That indeed the Police Officer V[íctor] H[enrry] Mina C[uero] had been involved in a scandal at the
residence of R[osa] V[elasco] Q[uiñonez], physically and verbally assaulting his former p[ar]tner M[icaela]
V[elasco] [...], he had proceeded to verbally assault his superiors when he was reprimanded for his
behavior, directing inappropriate epithets towards a [p]olice member. [...] That [...] he was not off duty
as he stated in his testimony, since he had been suspended since September 13th, 2000 [sic] [...]. [...]
That [...] he is a repeat offender in committing this kind of disciplinary misconduct, as it is known that he
has been discharged from the [p]olice force on previous occasions and reinstated.30
B.4. Processing of disciplinary proceedings and resolution of the Disciplinary
Tribunal
35. On October 17, 2000, the Commander of the First District of the National Police, by
memorandum No. 2000-1602-CPD-SS, ordered the creation of the Disciplinary Tribunal that
"[would] hear, judge, and sanction the disciplinary offenses attributed" to Mr. Mina Cuero.
For this purpose, it was determined that the corresponding hearing would take place on
October 25, 2000, at 11:00 a.m.31
28), and a Police Investigation Report, signed by the Deputy Chief of the Judicial Police of Quinindé on September
20, 2002 (evidence file, volume I, annex 5.1 to the Merits Report, pages 18 to 21) are presented.
27
In his statement before this Court, the alleged victim indicated that he used these terms to refer to police
officers. When asked about the meaning of this expression, Mr. Mina Cuero indicated that "it is a police term used to
refer to a superior in the hierarchy, but it is not a discriminatory or insulting term [sic]", and that it means "new
police officer" or "you are less experienced than [me]". Cf. The statement of Víctor Henrry Mina Cuero, was presented
in a public hearing before this Court.
28
Cf. Statement of Víctor Henrry Mina Cuero, submitted to the National Police on September 18, 2000 (case file
of evidence, volume I, annex 4 to the Merits Report, pages 14 to 16).
29
Cf. Statement by Jacinto Sandro González Cabezas, submitted to the National Police on September 18, 2000,
which appears in the proceedings of the file processed before the Disciplinary Tribunal (evidence file, volume III,
annex 1 to the brief of requests and arguments, page 1624); statement by Gustavo George López Cajamarca,
submitted to the National Police on September 19, 2000 (case file of evidence, vol. I, annex 5.2 to the Merits Report,
page 24); statement by Jorge Washington Guajan Miranda, submitted to the National Police on September 20, 2000
(case file of evidence, volume I, annex 7 to the Merits Report, page 30); statement by Willian Orlando Acurio Rojas,
submitted to the National Police on September 20, 2000 (exhibit file, volume I, annex 8 to the Merits Report, folio
32), and statement by Richard Fredy Ochoa Calle, submitted to the National Police on September 20, 2000 (exhibit
file, volume I, annex 9 to the Merits Report, pages 34 and 35).
30
Cf. Police investigation report, signed by the Deputy Chief of the Judicial Police of Quinindé on September 20,
2000 (case file of evidence, volume I, annex 5.1 to the Merits Report, pages 20 and 21).
31
Cf. Memorandum No. 2000-1602-CPD-SS dated October 17, 2000, signed by the Commander of the First District
of the National Police (case file of evidence, volume I, annex 11 to the Merits Report, page 44).