72. An October 12, 2010, certificate of “personal records” issued by the National Police shows that Mr. Gonzalo Orlando Cortez Espinoza “does have a record.” 73 A criminal records certificate from October 4, 2020, stated that Mr. Cortez Espinoza had no criminal background. 74 The representatives stated that there were no criminal records for Mr. Cortez from 2012 on, and that on July 28, 2020, the case brought against Mr. Cortez and others “unlawfully by the [m]ilitary [r]egime” was ordered closed. 75 VIII MERITS 73. The case under consideration here concerns alleged violations of the rights to personal integrity, personal liberty, judicial guarantees, judicial protection, 76 and property, as a consequence of criminal proceedings against Gonzalo Orlando Cortez Espinoza beginning in 1997, in both military and civilian courts, during which he was deprived of his liberty on different occasions. 74. The Court will assess below the allegations concerning: (a) the right to judicial guarantees with respect to the criminal proceedings against Mr. Cortez, (b) the rights to personal liberty, judicial guarantees, and judicial protection with respect to Mr. Cortez’s deprivation of liberty, (c) the right to personal integrity, and (d) the right to private property. VIII.1 RIGHT TO JUDICIAL GUARANTEES 77 A. Arguments of the Commission and the parties 75. The Commission argued that military justice must be reserved for active-duty members and that Mr. Cortez was subjected to military proceedings for two years and nine months—from February of 1997 to November of 1999. It therefore concluded that the right to be tried by competent authorities, established in Article 8(1) of the Convention, in conjunction with Article 1(1), was violated. The Commission stated that as a consequence, “all decisions” taken in the military criminal jurisdiction “that affected [the] rights [of Mr. Cortez] should be considered violations of the Convention.” Judicial Proceedings of Ecuador report on trial 17253-2000-0046 (evidence file, annex 3 to the representatives’ final written arguments, folio 1174). The representatives also reported an action taken on August 26, 2011, which declared the military case against Mr. Cortez and others expired under the statute of limitations, and another on July 28, 2020, which closed the case (cf. Fifth Court of Criminal Guarantees of Pichincha, case 17245-2010-0103, case closure record from August 26, 2011 (evidence file, annex 5 to the representatives’ final written arguments, folios 1191 and 1192) and Court of Criminal Guarantees headquartered in the Iñaquito Parish of the Metropolitan District of Quito, Province of Pichincha, case 17245-2010-0103, case closure record from July 28, 2020 (evidence file, annex 4 to the representatives’ final written arguments, folio 1178)). 73 Cf. National Police of Ecuador, National Directorate of the Judicial Police, Certificate of personal records of Mr. Cortez issued on October 12, 2010 (evidence file, annex 22 to the Merits Report, folio 321). 74 Cf. Ministry of Internal Affairs, Certificate of criminal records of Mr. Cortez Espinoza, issued on October 4, 2020 (evidence file, annex 17 to the pleadings and motions brief, folio 876). 75 Court of Criminal Guarantees headquartered in the Iñaquito Parish of the Metropolitan District of Quito, Province of Pichincha, case closure record from July 28, 2020 (evidence file, annex 4 to the representatives’ final written arguments, folio 1178). 76 It is appropriate for the Court to analyze arguments of law regarding the violation of Article 25 of the Convention put forth by the representatives and not the Commission. The Court's settled case law has established that “the representatives or the presumed victims may invoke rights other than those indicated by the Commission, provided that their allegations are based on the factual framework established in the Merits Report” (cf. Case of the “Five Pensioners” v. Peru. Merits, reparations, and costs. Judgment of February 28, 2003. Series C No. 98, para. 155, and Case of Habbal et al. v. Argentina, supra, paras. 6, 52, and 85). 77 Article 8 of the American Convention on Human Rights. 18