19 71. Article 24 established as follows: Article 24.- To ensure due process, the following basic guarantees must be observed, without detriment to others that are established in the Constitution, international instruments, the laws, or the case-law: … 13. The resolutions of the governmental authorities that affect persons must state their grounds. Such grounds shall not be found to exist if the resolution does not state the legal provisions or principles on which it is based, or if the application thereof to the facts is not explained. On ruling 71 on a challenge to a sanction, one may not leave the appellant in a worse situation. 72. In addition, by virtue of the principle of constitutional supremacy, Articles 273 and 274 of the Constitution established: Article 273.- The courts, tribunals, judges, and administrative authorities shall have the obligation to apply the provisions of the Constitution as relevant, even if the interested party does not expressly invoke them. Article 274.- Any judge or court, in the cases he, she, or it takes cognizance of, may declare inapplicable, sua sponte or upon petition by a party, a rule of law contrary to the provisions of the Constitution or international treaties and agreements without detriment to ruling on the matter controverted. This declaration will not be binding for any case other than that in which it is issued. The judge, court, or chamber shall present a report on the declaration of 72 unconstitutionality so that the Constitutional Court may rule with general and binding effect. 73. In addition, as appears from the information contained in the record, the Rules of Military Discipline of 199873 were replaced by the Rules of Military Discipline issued by General Ministerial Order No. 243 of December 15, 2008.74 The Commission observes that it was the 1998 Rules that were applied in the instant case. Accordingly, in this section the IACHR will take into account the provisions in force at the time of the events under study, and in the analysis section it will set forth the relevant considerations on the entry into force of the new Rules. 74. The 1998 Rules of Military Discipline established that infractions could be moderate (leves), serious (graves), and severe (atentatorias). Included under infractions “against morality” was: Art. 67.- Severe infractions: (a) Perform illegitimate sexual acts inside the confines of military facilities….. 75. According to Article 72, a severe infraction committed by an officer is to be met with a sanction of arrest for 10 to 15 days; strict arrest (arresto de rigor) at another military facility for 3 to 10 days; and suspension from duties of 10 to 30 days. 71 Constitution of Ecuador of 1998. 72 Constitution of Ecuador of 1998. 73 Rules of Military Discipline. Ministerial Decree 831 Authentic Registry 1998 of August 7, 1998. 74 A copy of the new Rules of Military Discipline was produced by the State as an annex to its brief of observations on the merits, received June 7, 2012.