removal from active service,” and consequently it would not be possible to reinstate Mr. Grijalva in the armed forces.39 58. Subsequently, an action for non-compliance with the judgment of the Court of Constitutional Guarantees of September 12, 1995, and the Constitutional Opinion, was filed against the Commander General of the Ecuadorian Navy, by the defense of Messrs. HM, JS, FCh and MCh, in which Mr. Grijalva Bueno was not a plaintiff. On January 5, 2012, the Constitutional Court40 issued Ruling No. 001-12-SIS-CC, declaring the failure of the Commander General of the Ecuadorian Navy to comply with Resolution No. 181195-CP of September 12, 1995, and ordered him to proceed with the (financial) settlement or re-settlement to which the defendants were entitled.41 On March 6, 2014, the Constitutional Court declared non-compliance with Ruling No. 001-12-SIS-CC of January 5, 2012, and instructed the parties to reach an agreement at the Mediation Center of the Attorney General’s Office, to which they were summoned for the exclusive purpose of reaching an agreement on the amount of the pecuniary compensation due, within a period no greater than thirty days. 42 The plaintiffs submitted to the mediation procedure and each received monetary compensation. In addition, the following measures were agreed: a) a public apology; b) a ceremony in the First Naval Zone, where a plaque with a public apology would be placed in a military compound and c) in official letter No. ARE-DIGREH-AJU-2015-0196-O of April 16, 2015, the Officers and Crew Members’ Departments were ordered to exclude from the General Order the term “discharge for misconduct and for the good of the service.” D. Military criminal proceedings against Mr. Grijalva Bueno 59. As a result of the investigation carried out by SERINT, on November 19, 1993, the Commander General of the Navy issued an official communication ordering the initiation of legal proceedings against Mr. Grijalva and ten other crew members, in compliance with the mandatory “Resolution of the Councils.”43 On November 29, 1993, the Commander of the First Naval Zone ordered the military criminal judge of the First Naval Zone to open a “summary inquiry for alleged extortion of civilians by members of the Captaincy of Puerto Bolívar.”44 60. On November 30, 1993, the Military Criminal Court of the First Naval Zone summoned the accused to render their statements and undertake the necessary procedures, stating that the persons summoned had “committed irregularities in the performance of their duties, such as having used personnel from that (naval) division to work on a private shrimp farm, allowing charges to be made to merchants for paperwork […], authorizing the illegal transit of fuel to Peru, […] and allowing prostitutes […] to board ships, by paying [money],” inter alia.45 Cf. Naval Force, Official letter No. COGMAR-JER-484-O, supra. The current name of the Court of Constitutional Guarantees. 41 Cf. Constitutional Court for the Transition period, Judgment No. 001-12-SIS-CC of January 5, 2012 (evidence file, folios 190 to 197). 42 Cf. Constitutional Court of Ecuador, order of March 6, 2014 (evidence file, folios 202 to 212). The State indicated that Mr. Grijalva was not a party to the action of non-compliance, and therefore did not participate in the mediation process with the plaintiffs. On December 30, 2014, after signing an agreement with other military members, Mr. Grijalva began a mediation process to agree on compensation, but he has not attended since 2018, despite several invitations (merits file, folio 187). 43 Cf. Ecuadorian Navy, General Command of the Navy, Official letter No. COGMAR-JUR-251-0 of November 19, 1993 (evidence file, folio 76). 44 Cf. Ecuadorian Navy, First Naval Zone, Official letter No. PRIZON-JUZ-943-0, of November 29, 1993 (evidence file, folio 78). 45 Cf. Military Criminal Court of the First Naval Zone, initial order for summary inquiry of November 30, 1993 (evidence file, folios 80 to 81). 39 40 17