Tribunal’s rulings (infra para. 70), but rather it limited itself to noting that the
alleged victim should have presented said civil action, which is of an ordinary [civil]
nature. The Court also observes that the civil action only allows for the reparation of
damage that is of a patrimonial nature and therefore does not constitute an
appropriate measure to fully achieve the objective desired by Mr. Mejía Idrovo
regarding his reinstatement.
33.
With regard to the action of noncompliance presented by the alleged victim
before the Constitutional Court, the Inter-American Court notes that said action of
noncompliance was introduced in the Ecuadorian legal system by a constitutional
reform in 2008, and therefore, was not accessible to the alleged victim at the
moment the relevant events of this case transpired.
Notwithstanding the
aforementioned, the Court notes that the alleged victim filed said action on April 22,
2009, and as indicated by the State, this remedy was opportunely exhausted.
34.
Consequently, the Court dismisses the objection of non-exhaustion of
remedies raised by Ecuador.
IV
JURISDICTION
35.
The Court
of the American
Convention since
the Court on July
has jurisdiction to hear the present case, pursuant to Articles 62(3)
Convention, given that Ecuador has been a State Party to the
December 28, 1977, and recognized the contentious jurisdiction of
24, 1984.
V
EVIDENCE
36.
Based on that established in Articles 44 and 45 of the Rules of Procedure, as
well as the jurisprudence of the Court regarding evidence and its assessment19, the
Court will proceed to examine and assess the documentary supporting evidence
submitted by the Commission, the representatives, and the State on the various
procedural opportunities, as well as the statements rendered by means of affidavit
and those rendered at the public hearing held in the present case. Therefore, the
Court will head to the rules of competent analysis, within the corresponding legal
framework.20
A. Statement of the alleged victim and expert evidence
19
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala. Merits. Judgment of March
8, 1998. Series C No. 37, para. 76; Case of Abrill Alosilla et al. V. Perú. Merits, Reparations and Costs.
Judgment of March 4, 2011. Series C No. 223, para. 35; and Case of Vera Vera et al. V. Ecuador, supra
note 12, para. 19.
20
Cf. Case of the “White Van” (Paniagua Morales et al.) V. Guatemala. Merits, supra note 19, para.
76; Case of Abrill Alosilla et al. V. Perú, supra note 19, para. 39, and Case of Vera Vera et al. V. Ecuador,
supra note 12, para. 19.
11