a) Lack of motive before the Council of General Officers of the Land Forces Arguments of the parties 61. The Court notes that the representatives argued that the communications of the State authorities must have an established motive, given that without it there is a violation to the principle of due process of the alleged victim, who is thereby unable to duly exercise his defense. To justify this position, they cited Article 24, section 13 of the Political Constitution in force at the time of the facts63 and letter “a” of annex “A”64 of the Rules of Procedure of the Council of General Officers, without relating these arguments with the alleged violation of an Article of the Convention. The Commission did not state anything regarding the proceedings carried out before the Council of General Officers. 62. On its behalf, the State alleged that on December 26, 2000, Mr. Mejía Idrovo received a reasoned resolution from the Council of General Officers regarding the non-promotion founded in the regulations of the military land forces on technical standards of a hierarchical analysis. It noted, also, that at all times due process was respected and without prejudice to Mr. Mejía Idrovo’s right to petition or establish a claim. Considerations of the Court 63. Regarding the alleged lack of motive, the Court notes that the Constitutional Tribunal in its ruling of March 12, 2002, established—in relation to decisions of the Council of General Officers—that “motive has not been provided, which is thereby a violation of the constitutional norm.” In this regard, Article 24(13) of the Political Constitution states: […] “the resolutions of the public powers must be reasoned.” 64. Since the Constitutional Tribunal ruled on the lack of reason of the decisions of the Council of General Officers, the Court considers that the omission was recognized and corrected in the domestic jurisdiction. In addition, neither the Commission in the application or the representatives in their pleadings and arguments alleged a violation of Article 8 of the Convention for the lack of motive in the decisions issued by the Council of General Officers in December 2001. b) Irregularities in the processing before the Constitutional Tribunal 63 Political Constitution of Ecuador of 1998, Article 24, numeral 13: “The resolutions of public powers that affect persons, must be reasoned. There is no motive if in the resolution the norms or legal principles are not mentioned from which the resolution is founded, and if the pertinence of their application is not explained regarding the facts. Upon resolving the challenge of a punishment, a worse punishment cannot be established.” 64 Rules of Procedure of the Council of General Officers, section a): “If a candidate is deemed not apt in any of the concepts for moral qualities, his or her evaluation must be suspended immediately, but the assessor must prove that fact.” 22

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