application, the administrative authority has not been able to explain, by means of sufficient
reasons, how such factual assumptions would have occurred in the specific case, which was
duly analyzed by this Court (supra para. 99). For its part, in response to the representative's
allegation, referring to the non-observance of the principle of reservation of law, the Court
considers that disciplinary offenses may be established in norms that do not have legal status
and the Court has indicated this in previous cases, so that the alleged violation is not noted.88
B.3. General conclusion
106. Based on the foregoing, the Court concludes that the Ecuadorian State is internationally
responsible for the violation of Articles 8(1), 8(2), 8(2) (b), and 8(2) (c) of the American
Convention on Human Rights, in relation to Article 1(1) of the same international instrument,
to the detriment of Víctor Henrry Mina Cuero. It is also responsible for the violation of Article
8(2) (h) of the Convention, in relation to Article 2 of the same international instrument, to
the detriment of Mr. Mina Cuero.
VIII.2
POLITICAL RIGHTS, IN RELATION TO THE OBLIGATIONS TO RESPECT AND ENSURE
RIGHTS89
107. Article 23(1)(c) of the American Convention establishes the right to have access, under
general conditions of equality, to the public service. On this matter, the Court has interpreted
that access under general conditions of equality is an insufficient guarantee if it is not
accompanied by the effective protection of tenure in the position,90 which indicates that the
procedures for appointment, promotion, suspension, and dismissal of public officers must be
objective and reasonable, that is, they must respect the applicable guarantees of due
process.91
108. This Court has repeatedly ruled on this right in relation to processes of dismissal of
public officials and has considered that it is related to the guarantee of stability or tenure in
office.92
109. In any case, the Court notes that the guarantees contained in Article 23(1)c) of the
Convention are applicable to all those who perform public functions, in accordance with the
literal understanding of said article. For this reason, when the tenure of a person in the
exercise of such functions is arbitrarily affected, their political rights are ignored.93
110. Based on the above and applying the iura novit curia principle, the Court finds that, as
evidenced in the instant case, the termination of Mr. Mina Cuero disregarded the guarantees
of due process, which arbitrarily affected his tenure in the position of police officer.
111. Consequently, this Court considers that the State unduly affected Mr. Mina Cuero's right
to remain in his position under conditions of equality, in violation of the right enshrined in
Article 23(1) (c) of the American Convention, in relation to Article 1(1) of the same
Cf. Mutatis mutandis, Case of Maldonado Ordóñez v. Guatemala, supra, paras. 89 and 95.
Article 23 of the American Convention, in relation to Article 1(1) of the same international instrument.
90
Cf. Case of Reverón Trujillo v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of
June 30, 2009. Series C No. 197, para. 138, and Case of Pavez Pavez v. Chile, supra, para. 85.
91
Cf. Case of Moya Solís v. Peru, supra, para. 108, and Case of Pavez Pavez v. Chile, supra, para. 85..
92
Cf. Case of Reverón Trujillo v. Venezuela, supra, para. 138, and Case of Cuya Lavy et al. v. Peru. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of September 28, 2021. Series C No. 438, para. 160.
93
Cf. Case of Moya Solís v. Peru, supra, para. 109.
88
89