120. In the present case, the Court notes that the Constitutional Tribunal, in its
decision of March 12, 2002, (supra para. 50), noted that “if on the basis of [the
Military Service Code] the promotion of other superior officers came to be, not
having done the same with the plaintiff violates the right to equal protection of
persons before the law […].” Following the judgments of the Constitutional Court on
October 8, 2009 and March 11, 2010, Mr. Mejía Idrovo, on October 18, 2010, was
reinstated to active duty as a colonel in the Army (supra paras. 57 and 58).
121. Moreover, it is worth mention that, despite the ruling of the Constitutional
Tribunal, it does not have sufficient elements to establish, in light of the American
Convention, if there was unequal protection of the domestic law. The representatives
did not submit specific evidence in this case, such as the situation of the other
officers who participated in the request for qualification, the names and technical
criteria used, in each case, for their promotion, so as to allow the Court-acting within
its jurisdiction-to conclude that Mr. Mejía Idrovo had been subject to discriminatory
treatment. 96
122. In consideration of the foregoing, this Court deems that in the present case
there are not sufficient evidentiary elements for the assessment of a violation to the
right to equal protection in Article 24 of the American Convention. 97
123. On the other hand, the Court notes that both the representatives as well as
Ecuador communicated that on February 25, 2011, the State informed Mr. Mejía
Idrovo that the Ministry of Defense summoned the Council of General Officers of the
Land Forces to a new process of qualification of the alleged victim. On March 22,
2011, said Council decided to qualify him as not apt to ascend to the rank of
Brigadier General. This resolution was ratified by the Council of General Officers on
April 6, 2011.
124. The Court highlights that the new process of qualification and promotion is
not the subject of the litigation at hand. Therefore, the Court considers that the
processing of the qualification cannot be considered as part of the controversy of the
case in the proceedings before the Inter-American System and that it is not
appropriate to render a decision regarding the recent decisions of the Council of
General Officers.
125. Finally, it what regards the argument regarding the failure to apply the ruling
of the Constitutional Tribunal of March 12, 2002, (supra para. 111), the Court ruled
on this in the section regarding judicial protection in light of Article 25(2)(c) of the
American Convention.
VIII
REPARATIONS
(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)
96
Cf. Juridical Condition and Rights of Undocumented Migrants. Advisory Opinion OC-18 of
September 17, 2003. Series A No. 18, paras. 56 and 57.
97
Cf. Case of Apitz-Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela.
Preliminary Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182,
para. 200.
38