44. On December 21, 1972, José Alfredo Mejía Idrovo joined the Army as a second lieutenant27 and on December 21, 1994, he rose to the rank of Colonel of the Army.28 In the year 2000, Mr. Mejía Idrovo went before the Council of General Officers of the Land Forces (hereinafter “Council of General Officers”) for them to qualify him in order for him to rise to the rank of General. The State argued that Mr. Mejía Idrovo was one of “five colonels of general staff” that participated29 in said promotion. In December of 2000, the Council of General Officers forwarded a letter without a date and without a number in order to inform him of the following: Matter: Appreciation for Service 1. It is the opinion of the Council that you are an honorable, loyal, truthful, and honest man, and that your professional qualities are consistent with those that a military career demands, which is why you have reached the rank of Colonel of the Republic. 2. Regrettably, the institution must follow a selection process governed by the laws and rules of procedure that permit the selection of those within a human group who display certain characteristics that set them apart. 3. Based on the foregoing, allow me, on behalf of the Council of General Officers of the Land Forces, to thank you for your valuable services to the Institution and hope that life will provide you with better opportunities as a retired officer. Additionally, I remind you that the Land Forces will always be willing to lend you support where necessary, because you remain a part of it. 30 45. On December 15, 2000, Mr. Mejía Idrovo requested the Commanding General of the Land Forces and the Chairman of the Council of Generals of the Land Forces to reconsider the refusal of his promotion to the next rank as well as asking for an explanation of the reasons and grounds. 31. On December 26, 2000, Mr. Mejía Idrovo was informed in memorandum N-251-JEMFT of the Council of Generals that “[p]ursuant to your request, […] we make known to you, Mr. Colonel, that the Council of Generals of the Land Forces, in its session held on December 26, 2000, 27 He received various awards for his work, he earned to scholarship and carried out to Course on Command and General Staff of the Army of the Republic of Brazil, where he was awarded the “Medal for Peace-maker.” (case file Preliminary Objections, Merits, Reparations and Costs, tome I, fs. 100 and 101). 28 According the representative, between 1992 and 1999, he was graded annually by the Council of General Officers of the Army. He received scores of 20 on to scale of 20 for “moral conduct,” “intellectualphysical fitness” and “technical-professional training,” each year, except the year 1998 when he scored the yearly average of 19.897. The awards, diplomas, and titles of Mr. Mejía Idrovo were included in the annexes forwarded by the Commission (annexes to the application, Appendix 2, tome III, fs. 770 to 830). Cf. Military Awards Regulations, Official Registrar No. 2780 of November 26, 1991 published in the General Ministerial Order No. 226 on the same date (annexes to ESAP, Appendices 1 and 2, fs. 15191600). He was also to professor at the School of Superior of Guerra of Brazil in 1996, and once he returned from his mission in Brazil, he served the institution in several offices, including Chief of General Staff for the Logistics Brigade "Reino de Quito” [Kingdom of Quito] and Secretary General of the Land Forces. (Case file Preliminary Objections, Merits, Reparations and Costs, tome I, fs. 103, 818, 827 to 829). 29 Cf. As note by the State (Case file Preliminary Objections, Merits, Reparations and Costs, Brief in answer to the application, tome 1, fs. 217 to 277). 30 Note from the Council of General Officers, without to date and number, signed by Roberto Moya Arellano (annexes to the application, annex 1, f. 1203). 31 Letter from Colonel José A. Mejía Idrovo addressed to the President of the Council of General Officers, sent on December 14, 2000 (annexes to the application, annex 2, f. 1205). The State affirmed that this procedure is in the official letter No. 200056-25-BAL-CMDO. 15