Muñoz was not entitled to be the president of the NPCJ “because he [was] neither the most senior nor the most high-ranking officer,” and (iii) the fact that “the parties ha[d] not been notified.”59 52. On July 31, 2003, the National Police Court of Justice rejected the said appeal for declaration of nullity. It determined that the appeal was without grounds and, “endorsing the opinion of the prosecutor, it is rejected,” indicating that “the omission of just one of the substantive formalities is not sufficient to declare the nullity of proceedings; it is also necessary […] that the omission has influenced the decision in the case.” Regarding the judge’s lack of competence, it indicated that, based on rank and seniority, General Byron Pinto Muñoz was the person who should preside that court.60 53. On November 11, 2003, the National Police Court of Justice decided to deny the requests to expand and clarify the reasoned order and the denial of the appeal for declaration of nullity and ratified the reasoned order.61 The pertinent part of the prosecutor’s analysis of the request for clarification indicated: “[…] this is an order that does not suffer from lack of clarity and, therefore, its content is easy to understand; therefore, it is considered that it does not warrant clarification.” Regarding the request for expansion, he indicated that, this was not inadmissible because all the points of the litis had been decided.62 In relation to the appeal for declaration of nullity and the ratification, he determined, inter alia, that “no defects or omissions of any substantive formality are observed in the proceedings that would affect it.”63 54. Messrs. Villarroel Merino, Coloma Gaibor, Vinueza Pánchez, López Ortiz and Ascázubi Albán filed a joint application for protection of liberty, which was denied on July 3, 2003.64 Mario Romel Cevallos Moreno also filed application for protection of liberty.65 On July 3, 2003, the National Police Court of Justice, by a majority vote, decided that the appeal was inadmissible. 66 55. On November 11, 2003, the National Police Court of Justice revoked the reasoned order issued against Mr. Cevallos Moreno and, instead, issued a provisional dismissal in his favor ordering his immediate release. On November 13, 2003, the National Police Court of Justice required the issue of the constitutional order for his release. 67 59 Cf. Appeal for declaration of nullity and appeal against the reasoned order of May 26, 2003, supra. Cf. Mario Romel Cevallos Moreno was excluded from this decision because it indicated that “the appellants have provided the grounds for the appeal filed in this instance, with the exception of General Inspector (sp) Mario Romel Cevallos Moreno, who, since he did not file the appeal, is declared a non-intervener.” Cf. Judicial decision of the National Police Court of Justice of July 31, 2003, rejecting the appeal for declaration of nullity of the reasoned order of May 26, 2003 (evidence file, fs. 2617 to 2619). 60 Cf. Judicial decision of the National Police Court of Justice, of November 11, 2003, denying the requests to expand and clarify the reasoned order and the appeal for declaration of nullity, and ratifying the reasoned order (evidence file, fs. 2622 to 2669). 61 Brief of the prosecutor on the request to clarify and expand the reasoned order of November 27, 2003 (fs. 4483 and 4484). 62 Cf. Judicial decision of the National Police Court of Justice, of November 11, 2003, denying the requests to expand and clarify the reasoned order and the appeal for declaration of nullity, and ratifying the reasoned order, supra. 63 Cf. Ruling issued by the National Police Court of Justice on July 3, 2003, deciding to deny the application for protection of liberty filed by Jorge Villarroel Merino (evidence file, fs. 2682 to 2684). 64 Cf. Application for amparo filed by Mario Romel Cevallos Moreno before the National Court of Justice, undated (evidence file, fs. 4393 to 4396) and Ruling issued by the National Police Court of Justice on July 3, 2003, deciding to deny the application for protection of liberty filed by Mario Romel Cevallos Moreno (evidence file, fs. 2672 to 2681). 65 Cf. Ruling issued by the National Police Court of Justice on July 3, 2003, deciding to deny the application for protection of liberty filed by Mario Romel Cevallos Moreno, supra. 66 Cf. Ruling of the National Court of Justice of the National Police of November 13, 2003 (evidence file, fs. 2648 to 2669), and National Court of Justice of the National Police, constitutional order for the release of Mr. Cevallos Moreno, of November 13, 2003 (evidence file, f. 2687). 67 16