Supplement No. 504 of the Official Registrar No. 302, of October 18, 2010, Mr. Mejía Idrovo was reincorporated to active service as Colonel of the Army.56 58. In 2010, the alleged victim asked the Constitutional Court to clarify and expand the noncompliance Judgment, particularly in what regards the promotion to the next immediately proceeding rank pursuant to the Military Service Code.57 On March 11, 2010, the Constitutional Court denied the expansion and clarification requested, noting that the reinstatement should be carried out “in the conditions in which [the petitioner] was in when the executive decrees, later deemed unconstitutional, were issued [...], that is, that he be reinstated to the rank of colonel.” 58 Moreover, information was requested from the Minister of National Defense and the Commander General of the Army, on the actions taken to fully comply with the ruling. e) Requalification before the Council of Generals of the Armed Forces. 59. On March 23, 2011, the President of the Council of General Officers communicated to Mr. Mejía Idrovo that the Council of General Officers decided to qualify him as “not apt for the promotion to the rank of Brigadier General,”59 applying the provisions of Article 76, section (f) 60 of the Military Service Code. On March 25, 2011, Mr. Mejía Idrovo presented the appeal to the resolution of the Council of General Officers. 61 On April 6, 2011, the Council of General Officers decided “to deny the appeal filed by the [petitioner], and as a consequence the resolution rendered in session on March 10, 2011, was ratified.”62 B. Procedural Guarantees in the processing of the case before the Council of General Officers of the Land Forces and before the Constitutional Tribunal (Article 8 of the American Convention) 60. The Court will analyze the alleged violation of judicial guarantees [fair trial] recognized in Article 8(1) of the American Convention. As such, the Court will analyze the irregularities produced in the processing of Mr. Mejía Idrovo’s case. 56 Cf. Decree of reinstatement of Colonel José Mejía Idrovo published on October 18, 2010 in the Supplement of Official Registrar No. 504 (annexes to the brief of final arguments of the State, tome I, f. 423). 57 Cf. Motion for Clarification and Expansion of the Judgment No. 0013-09-SIS-CC issued by the Plenary of the Court –without a date-, presented on October 30, 2009 (annexes to the brief of pleadings and motions, annex 61, f.1898). 58 Cf. Request for clarification and amplification of the judgment No. 0013-09-SIS-CC of the Constitutional Court of October 8, 2009 issued by the Constitutional Court on March 11, 2010 (annexes to the brief of final arguments of the representatives, annex 2, fs. 777 to 779). 59 Cf. Official Letter N. 2011-0046-SCOGFT of March 22, 2011 (annexes to the brief to the final arguments to the representatives, Annex 3. AF. Rep. para. 34). 60 “The officer will be considered available, for one of the following causes [...] (f) upon issuance of an order of motive and summons for a full trial, for military infractions or common infractions once executed.” 61 Cf. Escrito of impugnación a la resolución of 22 of marzo of 2011 emitida por el Consejo of Generales of la Fuerza Terrestre (annexes to the final arguments of the representatives, tome I, f. 813). 62 Cf. Letter No. 2011-0062-SCOGFT of April 6, 2011 (Case file of Preliminary Objections, Merits, Reparations and Costs, tome III, fs. 666 to 670). 21