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