VI.
CONCLUSIONS
109.
The Commission concludes that the State of Ecuador is responsible for violation of the right to
a fair trial, the principle of legality, and the right to judicial protection recognized in Articles 8(1), 8(2)(b),
8(2)(c), 8(2)(d), 8(2)(h), 9 and 25(1) of the American Convention, taken in conjunction with the obligations
established in Articles 1(1) and 2 of that instrument, to the detriment of Victor Henry Mina Cuero.
VII.
RECOMMENDATIONS
110.
Based on the above conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
ECUADORIAN STATE:
1.
Reinstate Victor Henry Mina Cuero, if he so wishes, in a position similar to the one he held in
the police, with the same pay, welfare benefits and rank as he would enjoy at present had he not been dismissed.
If for justified reasons his reinstatement is not possible, pay him an alternative indemnity.
2.
Provide full reparation for the rights violations found in the instant report, including both
material and nonpecuniary dimensions.
3.
Revise the domestic laws to ensure that disciplinary proceedings against members of the
National Police of Ecuador are consistent with all due process guarantees and the principle of legality. In
particular, take steps to ensure that proceedings guarantee the right to prior notification in detail of charges,
the right to adequate time to prepare a defense, the right to be presumed innocent, and the right to judicial
recourse. In addition, ensure that the causes invoked in disciplinary sanctions and their respective aggravating
circumstances conform to the principle of legality.