9 34. The information available indicates that on November 20, 2000 Homero Flor was separated from his duties in the Ecuadorian Army and brought before the First Court of Investigation of the Fourth Military Zone (Amazonas Division) (hereinafter “First Court of Investigation”); notice of this decision was given to Homero Flor the same day by Memorandum No. 200159-IV-DE-1.9 On November 22, 2000, the First Court of Investigation ordered that the summary information proceeding begin and issued the Initial Order in that proceeding.10 The proceeding was conducted in keeping with the provisions of the Rules of Procedure for Summary Information Proceedings of the Armed Forces for the purpose of establishing the existence of infractions as well as the liability of those investigated.11 35. On December 13, 2000, Homero Flor was required by the Commander of the Fourth Military Zone (Amazonas Division), Brigadier General Víctor Zabala, to “hand over responsibilities in your charge and report to HD-IV to render services,” and also to relinquish “the room … of the Residence of unmarried officers” that he occupied.12 36. Once the investigative phase of the proceeding was concluded, the Military Prosecutor of the Zone issued his report on January 17, 2001, and the Court of Law of the Fourth Military Zone, under Brigadier General Víctor Zabala, took cognizance of the matter.13 a. Resolution of the Court of Law of the Fourth Military Zone in the Summary Information Proceeding 37. By decision of January 17, 2001, the Court of Law (Judge Víctor Zabala) endorsed the report of the Military Public Prosecutor and established that “there is disciplinary liability” in the case of Lt. Homero Flor and the other soldier.14 38. In its text, the decision details the evidence produced during the proceeding, including: (i) statements made by several military officers about what they had observed in the room where Lt. Homero Flor and other soldier were on November 19, 200015; (ii) the statement by Homero Flor in which he gave his version of the facts and referring to the activity of the officials who went to his room to 9 Cited in the decisions of the Sixth Court for Civil Matters of July 18, 2001, and the Constitutional Court of February 4, 2002 (see infra). 10 Initial order in proceeding No. 20-2000-IV-DE-JM-1 of November 22, 2000. Cited in Annex 2. Resolution of the Court of Law of the Fourth Military Zone of January 17, 2001. See also: Annex 3. Constitutional amparo motion filed by Homero Flor Freire with the Judge for Civil Matters, January 23, 2001. Annexes to the initial petition of August 30, 2002. 11 Annex 2. Resolution of the Court of Law of the Fourth Military Zone of January 17, 2001. Annex to the initial petition of August 20, 2002. 12 Annex 4. Memorandum 2000187-IV-DE-1 from the Commander of the Fourth Zone “Amazonas,” December 13, 2000. Annex to the initial petition of August 20, 2002. 13 Annex 2. Resolution of the Court of Law of the Fourth Military Zone, January 17, 2001. Annex to the initial petition of August 20, 2002. 14 Annex 2. Resolution of the Court of Law of the Fourth Military Zone of January 17, 2001. Annex to the initial petition of August 20, 2002. 15 According to the decision, the following officers gave testimony on what happened on November 19, 2000: Second Lieutenant Ronny Jativa (Officer of Guard Force at the Amazonas Military Fort on November 18, 2000), Captain Colonel Néstor Maldonado, Lieutenant César Bracero, and the Chief Commanding Officer (Jefe de Plaza Mayor) Jaime Suasnavas. In addition, it was indicated that a lieutenant and an infantry sergeant gave testimony asserting that they had not “found homosexual tendencies” in Mr. Flor.