violations of the rights established in the Convention, the Constitution, or by law. The Court
has established that for an effective remedy to exist, it must be formally established. This
means that the remedy must be suitable for combating the violation, and its application by
the competent authority must be effective. This does not imply that the effectiveness of the
recourse should be evaluated on whether it produces a result favorable to the complainant.96
117. From the procedural records, it is noted that Mr. Mina Cuero filed a remedy of amparo
appeal in December 2000 against the Disciplinary Court's resolution ordering his dismissal. In
his appeal, he argued, among other issues, the violation of his right to a defense. The action
was dismissed by the Third Civil Court of Esmeraldas. Additionally, as a result of the appeal
filed by the alleged victim, the Constitutional Court declared the abandonment of the action
due to the unjustified absence of the plaintiff at the public hearing convened during the
remedy of the amparo process.
118. Subsequently, in 2001, Mr. Mina Cuero, with a favorable report from the Ombudsman,
filed a lawsuit challenging the constitutionality of the General Order that had provided for his
dismissal from the police force. In August of the same year, the Constitutional Court dismissed
the lawsuit, considering, inter alia, that the alleged victim had been granted "sufficient right
to defense" during the disciplinary procedure.
119. Lastly, in June 2010, Mr. Mina Cuero filed a protection action, alleging violations of the
rights to due process and judicial protection, among other issues. Given this, the Second
Court of Criminal Guarantees of Esmeraldas dismissed the proposal. Additionally, on appeal,
the Single Chamber of the Provincial Court of Justice of Esmeraldas upheld the ruling, arguing
that it did not perceive any violation of the right to defense.
120. The aforementioned indicates that the alleged victim filed three constitutional legal
actions with the purpose of challenging the imposed dismissal sanction, presenting a set of
arguments, including the reiterated violation of his right to defense. This Court observes, from
the reading of the resolutions issued regarding the filed judicial appeals, that the different
jurisdictional bodies that examined them did not conduct a thorough examination of the
matter submitted to their consideration in order to issue, through sufficient reasoning, a
response to the specific claim made by the interested party.
121. Indeed, initially, the Third Civil Court of Esmeraldas, in its judgment dated January 18,
2001, merely stated that the remedy of amparo was inadmissible and that the interested
party had not specified the names of the members of the Disciplinary Court, without providing
reasoning covering the analysis required under the argument. Moreover, the Constitutional
Court, in its appellate decision on March 16, 2001, rejected Mr. Mina Cuero's claim, based on
his absence from an initial hearing scheduled during the constitutional process, without
considering that the lower court had convened a second hearing within the same process,
which was duly conducted.
122. Furthermore, on August 14, 2001, the Constitutional Court once again rendered a
decision, this time regarding a lawsuit of unconstitutionality filed by Mr. Mina Cuero, which
was dismissed. For this purpose, the Constitutional Court considered that the alleged victim
had enjoyed "sufficient right to defense" since he had appeared at the hearing before the
Disciplinary Court accompanied by his defense attorney, and during that proceeding, various
96
Cf. Judicial Guarantees in States of Emergency (Arts. 27(2), 25, and 8 of the American Convention on Human
Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24; Case of Velásquez-Rodríguez v.
Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, and Case of Habbal et al. v. Argentina, supra, para.
108.