96.
As regards, the obligation to justify decisions, the jurisprudence of the inter-American system
has stated that it translates as the “reasoned justification" that allows the judge to arrive at a conclusion.50 That
guarantee is closely related to the principle of legality since on the premise that the disciplinary grounds must
be established in the State's legal framework in accordance with the above-describe standards, the justification
for a ruling and certain administrative decisions should disclose “the facts, reasons and standards on which the
authority for the decision was based.” 51 In that regard, the justification for the punitive decision is what
discloses how the facts supporting the proceeding align with or fall within the scope of the grounds invoked.
On this point, in Cruz Flores v. Peru, the Court stressed the need that in all punitive decisions there be a link
between the conduct of which the person is accused and the provision on which the decision is based.52
97.
As is described in the section on proven facts, in this case the Disciplinary Tribunal ordered
the alleged victim to be discharged from the police for the causes envisaged at paragraphs 5 and 26 of Article
64 of the Disciplinary Regulations of the National Police with the aggravating factors recognized at paragraphs
(c), (d), and (m) of Article 30 of those same regulations.
98.
Paragraphs 5 and 26 of Article 64 recognizes as serious or class III offenses “any act that
evinces inconsideration or insolence to a superior, whether on duty or off duty” and “engaging in manifest acts
of violence or indiscipline toward a superior, where the act does not constitute a criminal offense.” The
Commission notes that those causes are somewhat broad. Therefore, the punishing authority should have
provided more detailed justification that linked the specific deeds of which Mr. Mina Cuero was accused with
the causes that were invoked against him and the penalty to be imposed. Such justification was especially
important in this case, bearing in mind the ambiguity and lack of clarity as to whether the proceeding concerned
what happened at the home of Mr. Mina Cuero’s former live-in partner or what occurred at the place where the
police went afterwards. As the record of the hearing shows, both circumstances were addressed in the context
of the same hearing. In spite of that, the justification provided by the Disciplinary Tribunal does not indicate
how the events were consistent with the aforesaid causes. In addition, no reasoning was offered with regard to
the imposition of the most severe penalty; that is, dismissal.
99.
The Commission understands that discipline is important in the security forces. It also
understands that is the State has a duty of response to a complaint of possible domestic violence. However, the
State’s actions must adhere to due process and the principle of legality, which did not occur in this case as the
preceding considerations show.
100.
Based on the foregoing, the Commission concludes that the Ecuadorian State is responsible
for violation of the rights recognized in Articles 8(1) and 9 of the American Convention, taken in conjunction
with Article 1(1) of the same instrument, to the detriment of Víctor Henry Mina Cuero.
4.
The right to appeal the judgment53 and the right to judicial protection54
101.
The right to appeal a judgment is part of due process of law in a disciplinary proceeding,55 as
well as a fundamental guarantee whose purpose is to avoid a miscarriage of justice from becoming res
judicata.56 As regards the scope of the right of appeal, both the IACHR and the Court have stated that it entails
an examination of both factual and legal aspects of the appealed decision by a different judge or tribunal of
50I/A Court H.R., Case of Maldonado Ordoñez v. Guatemala, Preliminary Objection, Merits, Reparations and Costs. Judgment of
May 3, 2016. Series C No. 311, par. 87.
51 IACHR, Report No. 103/13, Case 12.816, Report on Merits, Adan Guillermo Lopez Lone et al., Honduras, par. 145.
52 I/A Court H.R., Case of De la Cruz Flores v. Peru, Merits, Reparations and Costs. Judgment of November 18, 2004. Series C No.
115, par. 84.
53
Article 8(2)(h) recognizes the “right to appeal the judgment to a higher court.”
54
Article 25(1) of the Convention states: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a
competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state
concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.
55 IACHR, Guarantees for the Independence of Justice Operators: Towards Strengthening Access to Justice and the Rule of Law
in the Americas, OEA/Ser.L/V/II.Doc.44, December 5, 2013, par. 235; I/A Court H.R., Case of Vélez Loor v. Panama, Preliminary Objections,
Merits, Reparations and Costs, Judgment of November 23, 2010, Series C No. 218. par. 179.
56IACHR, Report No. 33/14, Case 12.820, Manfred Amrhein et al., Costa Rica, April 4, 2014, par. 186.