submitting their respective written final pleadings and by letters of June 24 and 29, and July
20, 2022.
12. Observations and final written arguments. – On April 29 and May 2, 2022, the State,
the representative, and the Commission, respectively, submitted their final written arguments
and their final written observations. In addition, the State and the representative sent
numerous annexes, including certain documents, in response to the request of April 1, 2022.8
13. Observations on the annexes to the final arguments and to the requests for evidence
and information for a final decision. – On May 12 and 17, 2022, the State and the
representatives, respectively, submitted their observations to the annexes presented with the
corresponding final written arguments. The Commission did not make any statement
regarding this. On July 7 and 8, 2022, the State and the representatives respectively
submitted their observations regarding the information provided in response to the request
of June 10. The Commission stated that it had no observations in that regard in the brief of
July 8, 2022. Finally, the Commission stated that it had no observations on the documents
sent by the representative on July 20, 2022, in the brief of July 27.
14. The Court deliberated this judgment during the 151st regular session meetings held
virtually, on August 30, 31, and September 7, 2022.
III
JURISDICTION
15. The Court has jurisdiction to adjudicate this case pursuant to Article 62(3) of the
American Convention, because Ecuador has been a State Party to said Convention since
of January 13, 1999, that "discharged" Mr. Mina Cuero, and, if applicable, provide documents to verify this, and (c)
identify the facts that led to the four sanctions that appear in the resume of Mr. Mina Cuero, issued by the Directorate
of Personnel of the National Police of Ecuador, and, if applicable, provide documents to verify this.
8
The State submitted the following documents: (a) Law on National Police Personnel, published in Official
Register Supplement 378 of August 7, 1998, repealed on June 21, 2017; (b) Disciplinary Regulations of the National
Police, published in Official Gazette Supplement No. 378 of September 28, 1998, repealed on June 21, 2017; (c)
Organic Code of Citizen Security and Public Order Entities, published in Official Gazette Supplement No. 19 of June
21, 2017; (d) copy of six judicial proceedings brought before the contentious administrative jurisdiction against
administrative acts of dismissal or discharge of members of the National Police; (e) copy of eight judicial proceedings
brought before the contentious administrative jurisdiction against administrative acts of the discipline of members of
the Armed Forces; and (f) record No. 2022-324-IGEN-OF-D of April 13, 2022, referring to legal criterion No. 2022418-JURID-IGEN-CJ-D of April 13, 2022, signed by the Chief of Legal Counsel of the General Inspectorate of the
National Police of Ecuador. The representatives submitted the following documents: (a) National Police Disciplinary
Regulations, effective since August 7, 1998; (b) National Police Personnel Law, published in Official Gazette
Supplement No. 378 of August 7, 1998; (c) Organic Code of Citizen Security and Public Order Entities, published in
Official Gazette Supplement No. 19 of June 21, 2017; (d) Resume of Víctor Henrry Mina Cuero, issued by the
Personnel Department of the National Police of Ecuador on May 29, 2003; (e) Judgment of September 23, 1994,
issued by the High Court of Babahoyo, in a case identified as Criminal Instance No. 39-94; (f) Resolution of the
Disciplinary Tribunal of September 13, 1996; (g) Resolution of the Disciplinary Tribunal of January 13, 1999; (h)
General Order No. 21, issued by the General Commander of the National Police on February 1, 1999; (i) Resolution
of August 5, 1998, issued by the Second Chamber of the Constitutional Court, Case No. 31-98-RA; (j) Resolution No.
007-2000-NP of the Constitutional Court, approved in the session of January 12, 2000, Case No. 352-99-AA; (k)
Judgment No. 4-13-IA/20 of the Constitutional Court, issued on December 2, 2020, case No. 4-13-IA; (l) Resolution
of the Specialized Civil and Commercial Chamber of the Guayas Provincial Court of Justice dated June 29, 2021, in
case No. 09574-2021-00165; (m) A press release published in the newspaper "Plan V" on December 8, 2021, entitled
"The return of General Víctor Araus highlights conflicts in
the police
leadership", available at:
https://www.planv.com.ec/historias/politica/el-retorno-del-general-victor-araus-pone-evidencia-conflictos-lacupula-policial, and (n) record No. I-OF-2019-604-DP-AP-ISSPOL dated November 6, 2019, signed by the Head of
the Contributions Section of the Institute of the Social Security Institute of the National Police.