TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE II PROCEEDINGS BEFORE THE COURT III JURISDICTION IV PRELIMINARY OBJECTION 4 4 6 7 A. Arguments of the parties and the Commission 7 B. Considerations of the Court 7 V EVIDENCE 8 A. Admissibility of documentary evidence 8 B. Admissibility of statements and expert evidence 9 VI FACTS 9 A. Relevant regulatory framework 9 B. Disciplinary proceedings against Víctor Henrry Mina Cuero 11 B.1. Period of service of Mina Cuero in the National Police of Ecuador 11 B.2. Facts prior to the initiation of disciplinary proceedings 11 B.3. Investigation of the Incident 11 B.4. Processing of disciplinary proceedings and resolution of the Disciplinary Tribunal 12 B.5. Regarding the actions recorded in Mr. Mina Cuero's professional life card 14 B.6. Enforcement of the Disciplinary Tribunal's decision 15 C. Appeal mechanisms promoted by Mr. Mina Cuero 15 C.1. Remedy of amparo 15 C.2. Constitutional complaint 16 C.3. Protective Measure 17 VIII MERITS 18 VIII.1 RIGHT TO JUDICIAL GUARANTEES, IN RELATION TO THE OBLIGATIONS TO RESPECT AND ENSURE RIGHTS AND TO ADOPT DOMESTIC LEGAL PROVISIONS 18 A. Arguments of the Commission and of the parties 18 A.1. Right to prior and detailed notice of the accusation, to adequate time and facilities for the preparation of the defense and to be assisted by a defense attorney of his choice 18 A.2. Principle of presumption of innocence regarding the use of criminal records in the sanction of dismissal. 19 A.3. The principle of legality and the right to have sufficient reasoning. 20 A.4. Right to appeal the judgment 20 B. Considerations of the Court 21 B.1. Right to prior and detailed communication of the charges, to sufficient time and appropriate means for the preparation of the defense, and to appeal the judgment. 21 B.2. Rights to a reasoned decision and the presumption of innocence 24 B.3. General conclusion 27 VIII.2 POLITICAL RIGHTS, IN RELATION TO THE OBLIGATIONS TO RESPECT AND ENSURE RIGHTS 27