37.
Pursuant to the Order of the President of December 2, 2010,21, the Court
heard the following declarations at the public hearing from the alleged victim and
two experts:
a)
José Alfredo Mejía, alleged victim proposed by the Commission and the
representatives, who declared on: i) the alleged obstacles he has had to
confront regarding compliance with the Constitutional Judgment of March 12,
2002; ii) how the alleged unconstitutional actions taken by the Council of
General Officers affected his professional career and life plan by not allowing
him to rise in rank, as it was his alleged right given that he satisfied all the
legal requisites; iii) how he was affected by the issuance by the President of
the Republic of the executive decrees of suspension and discharge, and iv)
how his life was affected given that during eight years the respondents
allegedly refused to comply with the judgment issued on March 12, 2002, and
the action of noncompliance ordered by the Constitutional Court of October 8,
2009.
b)
Jaime Vintinilla, proposed by the Commission, who rendered an expert
statement on the failure to execute the judgments of the Constitutional
Tribunal.
c)
Alex Valle Franco, proposed by the State, who rendered an expert
statement on: i) the nature of the action of unconstitutionality of Executive
Decrees in the Constitution of 1998; ii) the legal effect of the action of
unconstitutionality of the Executive Decree in the Constitution of 1998 in the
former Constitutional Tribunal of Ecuador; iii) the legal effects of the action of
unconstitutionality, illegality, and illegitimacy, in regard to the reparation of
damages. Basic differences, complimentary analysis and an analysis of
context in the Constitution of 1998, and iv) the juridical nature of the action
of noncompliance in the current Constitution.
B. Admissibility of the documentary evidence
38.
In this case, as in others, 22 the Court accepts the probative value of the
documents presented by the parties at the proper procedural opportunity that were
not contested or opposed, and the authenticity of which was not questioned.
39.
In the written brief containing the preliminary objections of August 19, 2010,
of the representatives and in the brief of December 11, 2009 of the State, several
annexes were attached. Moreover, during the public hearing, the State presented
two orders, and the representatives and the State submitted various annexes
together with the final written arguments presented on March 28, 2011. In this
regard, the Court highlights that various documents had been offered opportunely23
21
In said order, the statement rendered by public notery (affidavit) of expert Víctor Hugo López
was ordered. Nevertheless, given that said affidavit was presented in to time-barred fashion it was not
admitted. (supra para. 9).
22
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 6, para. 140; Case of Abrill
Alosilla et al. V. Perú, supra note 19, para. 38, and Case of Vera Vera et al. V. Ecuador, supra note 12,
para. 22.
23
Namely: 1) Noncompliance action issued by the Constitutional Court on October 8, 2009; 2)
Evaluation sheet of personal history carrie dout by the Council of Generals in 2000 as to requirement for
promotion to the rank of Brigadier General, 3) Diploma of Merit granted on October 18, 1991 and grade of
12