15 subalterno”), which corroborated his poor behavior and was also in violation of the military disciplinary regime.45 57. By brief of February 6, 2001, filed with the Sixth Court for Civil Matters, Homero Flor ratified in all its terms the amparo action filed and asked that the Sixth Court order the Commander of the Army to forward a certified copy of the record containing the summary information proceeding brought against him.46 On February 15, 2001, Homero Flor reiterated that request and sent a copy of memorandum No. 200187-IV-DE-1 of December 13, 2000, referred to supra, according to which he alleged that he was switched in terms of his “functions and consequently … [stripped of his] duties.”47 58. By decision of February 23, 2001, the Sixth Court for Civil Matters of Pichincha accepted the presentations made in the hearing of February 5, 2001, and ordered that the case be filed in “the files to be resolved.”48 On March 1, 2001, Homero Flor filed a motion for reconsideration with the Sixth Court for Civil Matters against this measure, primarily based on the fact that the Court should have been apprised of the record in the summary information proceeding in order to be able to decide, thus he reiterated his request for the Commander of the Army to be ordered to submit a certified copy of the record in that proceeding.49 59. On March 25, 2001, the Sixth Court for Civil Matters denied the reconsideration requested, finding it to be out of order and “left intact the right of [Homero Flor and his defense] to submit to the court all the documents [referred to] in their petition of March 1.”50 60. On May 15 and June 12, 2001, Homero Flor informed the Sixth Court for Civil Matters, of the decisions adopted by the Council of Subaltern Officers and the Council of Superior Officers that placed him on leave prior to the discharge. In both cases he asked that “urgent measures” be taken to order the suspension of the legal effects of these resolutions, in keeping with Article 46 of the Law on Constitutional Review.51 a. Decision of the Sixth Court for Civil Matters of Pichincha 45 Annex 13. Brief presented by the attorney from the Office of Legal Counsel of the General Command of the Army before the Sixth Court for Civil Matters of Pichincha, in amparo action No. 74-2001. Annex to the initial petition of August 20, 2002. 46 Annex 10. Brief filed by Homero Flor with the Sixth Court for Civil Matters of Pichincha, February 6, 2001. Annex to the initial petition of August 20, 2002. This request was also made in the hearing held before the Sixth Court for Civil Matters, as appears in Annex 12. Record of Hearing before the Sixth Court for Civil Matters of Pichincha, February 5, 2001. Annex to the initial petition of August 20, 2002. 47 Annex 14. Brief filed by Homero Flor with the Sixth Court for Civil Matters of Pichincha, February 15, 2001. Annex to the initial petition of August 20, 2002. 48 Annex 15. Ruling of the Sixth Court for Civil Matters of Pichincha, February 23, 2001. Annex to the initial petition of August 20, 2002. 49 Annex 16. Request to overturn the ruling of February 23, 2001, of the Sixth Court for Civil Matters of Pichincha, filed by Homero Flor on March 1, 2001. Annex to the initial petition of August 20, 2002. 50 Annex 17. Ruling by the Sixth Court for Civil Matters of Pichincha, March 25, 2001. Annex to the initial petition of August 20, 2002. 51 Annex 18. Request for urgent measures in the constitutional amparo action before the Sixth Court for Civil Matters of Pichincha, May 15, 2001. See also: Annex 19. Request by Homero Flor before the Sixth Court for Civil Matters of Pichincha, June 12, 2001. Annexes to the initial petition of August 30, 2002.

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