Ecuador (2008) that the noncompliance action was incorporated, which aims to ensure “the implementation of judgments” and that public acts do not violate constitutional rights. 92 On April 22, 2009, Mr. Mejía Idrovo filed said remedy before the Constitutional Court, which rendered a judgment on December 8, 2009, and ordered his reinstatement, patrimonial payment, and rights of repetition (supra para. 56). On October 18, 2010, Mr. Mejía Idrovo was reinstated in the military to the rank of colonel. From the final written arguments of the parties, the Court has noted that the State has made certain steps to determine the amount of compensation for the victim through the Multidisciplinary Commission (infra para. 151). However, to date, these points laid down in the judgment have not been fully complied with. 108. In this regard, during the public hearing before the Court, the expert witness Jaime Rafael Vintimilla referred to the process of implementation and noted that the Constitutional Tribunal should put pressure and take on the measures of the case so as to require compliance of the judgment, nevertheless, this obligation has been overshadowed by elements such as permanent legislative changes, excessive formalism, arbitrariness in the interpretation of those who execute the judgment, those of which carry out roles that are not for them to execute, and conceptual confusion. Upon referring to Article 278, numeral 2, the Constitution in force at the time of the facts (1998), it was noted that “if thirty days passed as of the publication of the resolution of the tribunal in the Official Gazette, [and] the officials responsible did not comply ex officio,” the Constitutional Tribunal should send the case to criminal judges, for [them] to apply a norm, […] a revision of the Substantive Criminal Code, where crimes such as malfeasance or contempt are dealt with.” It added that “it is not that the Constitutional Tribunal could directly punish, [and as such,] no punishments have been set in practice. It has merely remained a threat.” Lastly, Mr. Vitimilla stated that with the Constitution of Montecristi (Constitution of 2008) the noncompliance action has been incorporated so that all judgments not complied with can be brought to full effect, being "a tool that has come to fill a procedural and cultural gap that suffers in Ecuador and has generated insecurity [...]. However, “I would say it is very difficult to comply with, and often one has to beg for it to be fulfilled; a pilgrimage is necessary, as it is not that compliance is immediate.” 109. Thus, Article 93 of the 2008 Constitution provides that “[t]he noncompliance action’s purpose is to ensure the application of the rules that form the of the Ministry of National Defense addressed to the Secretary General of the Constitutional Tribunal on July 31, 2002, Official Letter No, 2002-213-AJ-CCFFAA of the Commander of Joint Forces of the Armed Forces addressed tot he Secretary General of the Constitutional Tribunal on July 31, 2002 (annexes to the application, appendix 2, tome III, fs. 1113, 1117 1120). Moreover, the Official Letter No, 25152 of the Office of Sponsorship of the Prosecutor General of the State addressed tot he Secretary General of the Constitutional Tribunal on July 17, 2002, where in informed that the Prosecutor General was party to the case, and that in virtue of Articles 2 and 6 of the Organic Law of the Prosecutor General of the State it does not have anything to comply with or report regarding National matters (annexes to the application, appendix 2, tome III, fs. 1113). 92 Article 93 of the Constitutoin of Ecuador, 2008. Cf. The Constitutional Court admits in regardo the Judgment of October 8, 2009: For its part, the connotation of "judicial guarantees," one of them being the action for breach of constitutional Judgments, directly related to the obligation of the constitutional court to control public acts from not violating constitutional rights. In short, within the new judicial safeguards implemented in the Ecuadorian Constitution of 2008, the action for noncompliance can be identified, which incidentally is a constitutional guarantee that did not exist in the past of constitution of Ecuador. 34