40 on the merits either. The sanction imposed to Homero Flor was confirmed by the Council on no other basis than a reference to what had been decided by the Court of Law. 158. In light of the foregoing, the Commission considers that the elements of fact described allow one to establish that the resolutions of the Councils of Subaltern and Superior Officers, respectively, referred very succinctly to what was previously established by the Court of Law. The Commission understands that according to the procedure of the summary information proceeding, once the existence of disciplinary liability was established by the Court of Law that heard the matter, it was up to the respective Councils of Officers to characterize the conduct shown and to impose the sanctions established in the Law on Armed Forces Personnel. 159. It appears from the facts of the case that the authority attributed to the respective Councils of Officers in the context of the proceeding that concluded with the discharge of Homero Flor was different in nature from that attributed to the judicial authority that should have taken cognizance of the outcome of the administrative investigation, and show the truth of the facts alleged. In that regard, the Commission considers that the nature of that authority, i.e. carrying out disciplinary control on behalf of the military authorities, and deciding on challenges brought against the summary information proceeding, demanded a pronouncement that would autonomously determine whether it is in order to apply the sanction called for based on the facts established by the Court of Law. And so it was also required by the domestic legal order, in keeping with the provision in Article 24(13) of the Constitution then in force, which establishes the duty to state the reasoning of the resolutions of public authorities that affect persons as a guarantee of the right to due process.148 160. Accordingly, the procedure followed against the Council of Officers in the context of which it was determined to proceed to discharge Mr. Homero Flor from the Army, after he was placed on leave, constituted, in practice, a mere procedural formality. Under these circumstances and mindful of the significance of that procedure, the Commission considers that the failure to state the reasoning of the decisions of the Councils of Subaltern and Superior Officers also had negative repercussions for the exercise of Mr. Flor’s right to defense in that proceeding. And one must bear in mind that Mr. Flor never obtained a pronouncement on the requests related to supposed irregularities committed in that procedure, and that even though it was possible to appeal the decision of the Council of Subaltern Officers, the decision of the higher body did not examine the merits of the issue posed. Accordingly, the Commission considers that the alleged victim was not duly heard and was not afforded the due guarantees for the exercise of his right to defense. 161. Mindful of the foregoing considerations, the Commission observes that neither the decision of the Sixth Court for Civil Matters or of the Constitutional Court ruled on the merits of the issues raised by Homero Flor in the action filed, considering that they were related to the possible impairment of constitutional rights, specifically the right to equality and the guarantees of due process, and that the mechanism in question was aimed at protecting those rights. 148 Article 24.13 of the Constitution of Ecuador then in force (the 1998 Constitution) established: “To ensure due process, the following basic guarantees must be observed, without detriment to others established in the Constitution, international instruments, the laws, or the case-law: … 13. The resolutions of the governmental authorities that affect persons must state their grounds. Such grounds shall not be considered to be stated if the resolution does not spell out legal provisions or principles on which they are based, and if their application to the factual antecedents is not explained. When ruling on the challenge to a sanction, the appellant’s situation may not be worsened.”