decided to confirm its original decision and considered the promotion to the next
rank UNFAVORABLE” without offering any grounds or justification.” 32
46.
On January 30, 2001, the President issued Executive Decree No. 1185, which
stated that Mr. Mejía Idrovo “would cease to be a part of the Land Forces from
January 15, 2001.” 33 On July 18, 2001, at the request of the Minister of Defense,
the President issued Executive Decree No. 1680, which ordered the discharge of the
victim under Article 76(j)34 of the Military Service Code.35
b) Appeal for
Administrative Court
Legal
Protection
[Amparo]
before
the
Contentious-
47.
Mr. Mejía Idrovo filed an appeal for legal protection [amparo] before the
Contentious-administrative Court of Quito, wherein he requested that Decrees No.
1185 and No. 1680 of suspension and discharge be revoked. 36 The Second Chamber
of the Contentious-administrative Court recognized the action and on June 28, 2001,
declared the amparo action inadmissible because the petition was incomplete given
that he had only resorted to those two decrees and had not filed against the actions
executed by the Council of Generals.37 On July 9, 2001, Mr. Mejía Idrovo appealed
the ruling before the Constitutional Tribunal. On October 19, 2001, the Court
decided, “to confirm the original resolution and in the meanwhile, not admit the
appeal for legal protection raised by Colonel Mayor José Alfredo Mejía,” given that
the petitioner mistook the legal means for the executive decrees to be suspended in
the revocation.38
c)
Proceedings before the Constitutional Tribunal for the Action of
Unconstitutionality
48.
On October 4, 2001, Mr. Mejía Idrovo filed a petition for unconstitutionality
with the Constitutional Tribunal with the Report on Procedural Admissibility of the
32
Letter from the Secretary of the Council of General Officers of the Land Forces addressed to
Colonel José Mejía Idrovo on December 26, 2000 (annexes to the application, annex 3, f. 1210), and the
memorandum N-251-JEMFT of the Council of General Officers on December 26, 2000, addressed to Mr.
Mejía Idrovo (Annexes to the application, Appendix 2, Tome III, f. 838).
33
Decree No. 1185 signed by Gustavo Noboa Bejarano, Constitutional President of the Republic of
Ecuador, on January 30, 2001 (annexes to the application, annex 4, f. 1212).
34
“Any of the following shall be cause for suspension of military personnel […] (j) Any other cause
set out in the instant Law.”
35
Decree No. 1680 signed by Gustavo Noboa Bejarano, Constitutional President of the Republic of
Ecuador, on July 18, 2001 (annexes to the application, annex 6, f. 1250). Cf. Military Service Code of the
Armed Forces, Law No. 118. RO/Sup 660 of April 10, 1991 (annexes to the application, annex 5, f. 1225).
36
Appeal for legal protection [amparo] filed by Mr. Mejía Idrovo before the District Court No. 1 of
the Administrative Contentious –no date- (annexes to the brief of pleadings and motions, annex 14,
f.1632).
37
Cf. Judgment of the District Court No. 1 of the Contentious-administrative Second Chamber of
June 28, 2001 (annexes to the evidence of the brief of pleadings and motions, annex 15, f.1636).
38
Cf. Judgment No. 470-RA-01-I.S. of the First Chamber of the Constitutional Court on October 19,
2001 (annexes to the evidence of the brief of pleadings and motions, annex 16, f. 1641).
16