by the parties and are admitted into the body of evidence of this case. Nevertheless,
the rest of the documentation24 was not presented prior, despite which, in
accordance with Article 45 of the Rules of Procedure, the Court decides to admit it as
it considers it useful for the resolution of this case, with the exception of the
documents submitted by the representatives regarding the alleged expenditures
made under the domestic law and those relating to proceedings or appearances
before the Inter-American Commission, for not having been filed in a timely manner
(infra paras. 159 and 162). Similarly, with regard to documents relating to the new
qualification procedure of Mr. Mejía Idrovo presented both by the representatives
and the State, 25 in accordance with Article 46(3) of the Rules of Procedure, they
relate to new supervening facts that are therefore incorporated into the evidence of
the case.
40.
On the other hand, the Inter-American Commission presented a document
titled, “La Justicia Constitucional Ecuatoriana en la Constitución de 2008”
[Ecuadorian Constitutional Justice in the Constitution of 2008] by the expert witness
Jaime Vintimilla, which was requested during the public hearing by the Court. The
Court admits it as it deems it useful, pursuant to Article 47(2) of the Rules of
Procedure.
41.
Lastly, the State presented a brief on May 16, 2011, wherein it stated that
the representatives did not comply with the provisions of the Court regarding the
annexes to the written arguments, when they made reference to the written
arguments presented by the State but not to the annexes themselves as ordered by
the Court. As such, the State requested that this anomaly be considered and that
the intervention of the representatives for the alleged victim regarding the
abovementioned legal actions be revoked, as it violates the principle of procedural
certainty (supra para. 13). This Court, by way of a communication from its
Secretariat on April 26, 2011, requested observations from the parties regarding the
excellent issued by the head of the General Army Staff on December 21, 1922; 4) Resolutions former
Constitutional Court and Constitutional Court of Ecuador, and 5) Military Service Code.
24
Namely: 1) Report of the Social Security Institute of the Armed Forces; 2) Report of the Grading
Process for General Officers of the Land Forces; 3) Decree of Re-Instatement of Colonel José Mejía Idrovo;
4) Internal Regulations of the Council of General Officers; 5) Result and Analysis of the Gauss Curve and
Graphics; 6) Report of the Commission on Document Analysis for Grading to Brigadier General of Colonel
José Mejía Idrovo; 7) Evaluation slip of Lieutenant Colonel to Coronel; 8) Resolution of the Council of
Superior Officers, Promotion and Standardization; 10) Receipts of the Book of Life; 9) Regulations of
Grading and Promotion Requisites from 1992; 10) Vacancy chart; 11) Organic Code of the Judicial Roles;
12) the Law of Judicial Guarantees and Constitutional Control; 13) Title of Office of General Staff of
Services, granted on September 18, 1989 by the War Academy; in addition, in 1993, he obtained the title
in Brazil of General Staff of Services Corps, noted on his curriculum; 14) Decision for clarification issued
by the Constitutional Court on March 11, 2010; 15) Curriculum vitae of José Mejía issued on February 8,
2011; 16) Note of February 8, 1994, addressed to the Commander General of the Army requesting
compliance to the consideration carried out by the unit commander; 17) Diploma of August 10,
1995, granted by the Chief of General State of the Land Forces by the Commander General of the Land
Forces; 18) Note of December 8, 2010, addressed to the Commander General of the Army requesting full
compliance with the Judgment issued at a constitutional level, and 19) Receipts of travel expenses,
lodging, visas and exit fees, etc., to attend the public hearing at the Court, in Costa Rica, for him and his
attorney Xavier Mejía.
25
1)
Namely: 1) Offcial letter No. 2011-0046-SCOGFT of March 22, 2011, of the Land Forces that
contains the Legal Notice of Resolution of the General Council of Officers and Official letter 2011-0062SCOGFT of April 6, 2011; 2) Brief challenging the resolution of March 22, 2011, issued by the General
Council of Officers of the Land Forces; 3) Official letter of reconsideration of rank of April 6, 2011, and 4)
Decision for clarification issued by the Constitutional Court on March 11, 2010.
13