October 2008 have been violated. This is impossible due to the principle of non-retroactivity of law, as the
plaintiff was sanctioned before the rights in question were even established.58
VIII
MERITS
60. This case concerns the alleged international responsibility of the Ecuadorian State for a
series of human rights violations that were allegedly committed in the context of the
disciplinary process that led to the dismissal of Víctor Henrry Mina Cuero from his position as
a police officer. To make the substantive analysis, the Court shall proceed in the following
order: a) rights to judicial guarantees; (b) political rights; (c) the right to judicial protection,
and (d) right to work, in relation to the obligations to respect and guarantee these rights. The
Court clarifies that it restricts its analysis to the alleged conventional guarantees and their
level of compliance by the State. It should not be interpreted that the determinations made
by the Court in this regard relate to the certainty or uncertainty of the facts that gave rise to
the disciplinary process. Such matters are not within the scope of this proceeding. In this
regard, the Court reminds States that they must carry out disciplinary proceedings that may
even result in the dismissal of police officers from their positions if they fail to fulfill their
duties,59 provided that they guarantee the rights established in the American Convention and
international standards in this regard.
VIII.1
RIGHT TO JUDICIAL GUARANTEES, IN RELATION TO THE OBLIGATIONS TO
RESPECT AND ENSURE RIGHTS AND TO ADOPT DOMESTIC LEGAL PROVISIONS60
61. The Court will proceed to study the issues raised by the Commission and the parties
regarding the alleged human rights violations within the framework of the disciplinary process
to which the alleged victim was subjected.
A. Arguments of the Commission and of the parties
A.1. Right to prior and detailed notice of the accusation, to adequate time
and facilities for the preparation of the defense and to be assisted by a
defense attorney of his choice
62. The Commission argued that the State did not refute, by providing written notification,
Mr. Mina Cuero's claim that he was not formally notified of the initiation of the investigation
58
Cf. Resolution of January 25, 2011, issued by the Single Chamber of the Provincial Court of Esmeralda, case
file No. 28,740 (case file of evidence, volume IV, annex 5.11 to the answering brief, pages 1835 to 1840).
59
Cf. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana, Cuba, from
August 27 to September 7, 1990, Principle No. 22, available at: https://www.ohchr.org/es/instrumentsmechanisms/instruments/basic-principles-use-force-and-firearms-law-enforcement, and Code of Conduct for Law
Enforcement Officials, adopted by the United Nations General Assembly in its Resolution 34/169 of December 17,
1979, Article 8, available at: https://www.ohchr.org/es/instruments-mechanisms/instruments/code-conduct-lawenforcementofficials#:~:text=Ning%C3%BAn%20funcionario%20encargado%20de%20hacer,amenaza%20a%20la%20segurid
ad%20nacional%2C. See also the United Nations Office on Drugs and Crime (UNODC), The Integrity and
Accountability of the Police: The Criminal Justice Assessment Toolkit United States of America, 2010, pp. 8 and 9,
https://www.unodc.org/documents/justice-and-prisonavailable
at:
reform/crimeprevention/The_Integrity_and_Accountability_of_the_Police_Spanish.pdf, and Council of Europe,
Recommendation No. Rec. (2001) 10 of the Committee of Ministers of the Member States on the European Code of
https://www.netpol.es/blog/wpPolice
Ethics,
adopted
on
September
19,
2001,
available
at:
content/uploads/2018/07/C%C3%B3digo-Europeo-de-%C3%89tica-de-la-Polic%C3%ADa.pdf.
60
Articles 8 and 9 of the American Convention, in relation to articles 1(1) and 2 of the same instrument.