8
heard in equal conditions by the competent organs. Finally, the State holds that it has not accepted the
truth of the facts, contrary to what the petitioners argue.
29.
Finally, the State holds that in a show of good faith it has pursued a friendly settlement
in respect of this petition. As the negotiation with a view to reaching a friendly settlement was not
fruitful, the State asked the IACHR to proceed to issue the report provided for in Article 50 of the
American Convention.
IV.
ANALYSIS ON THE MERITS
A.
Facts proven
1.
Association of Homero Flor Freire with the Ecuadorian Army and the events of
November 19, 2000
30.
Homero Flor Freire entered the Ecuadorian Army with the rank of Second Calvary
Lieutenant on August 7, 1992.7 In January 2001, he was on active duty with the Army, with the rank of
lieutenant; he had been a member of the military institution for approximately 12 years.8
31.
Bearing in mind that the parties’ arguments and the documentary evidence produced
address a proceeding brought by the military authorities by which the discharge of Homero Flor from
the Ecuadorian Army was ordered, the Commission observes first that there is no debate among the
parties —and this is deduced from the decisions adopted domestically— that the events of November
19, 2000, at the Amazonas Military Fort, situated in the city of Shell, province of Pastaza, gave rise to the
proceeding in the military disciplinary jurisdiction.
32.
Second, it observes that the dispute between the parties domestically revolved around
the existence of two versions as to what happened that day. Accordingly, on the one hand several
military officers stated they had seen Lieutenant Homero Flor and a male soldier having sexual relations
in the lieutenant’s room at the Military Fort. Mr. Flor denied the accusation and argued that the soldier
had stayed in his room due to his drunken state, there having been no interaction between them.
33.
In this respect, the Commission wishes to clarify that it is not a purpose of this report to
issue a pronouncement on the truth of these facts as a matter of domestic law. It is up to the IACHR to
elucidate whether there was discrimination against the alleged victim in the process of his separation
from the armed forces, and to examine whether the summary information proceeding and the
subsequent judicial decisions of the domestic authorities triggered the international responsibility of the
Ecuadorian State for having applied standards incompatible with the American Convention. Based on
these considerations, the Commission proceeds to summarize the relevant judicial decisions, as well as
the relevant aspects of the domestic laws and regulations.
2.
Summary Information Proceeding brought on November 22, 2000
7
Annex 1. Certificate issued by the Director of Personnel of the Army, February 5, 2001. Annex to the initial petition
of August 30, 2002.
8
Annex 2. Resolution of the Court of Law of the Fourth Military Zone, January 17, 2001. Annex to the initial petition of
August 30, 2002.