(Documents) For ordinary justice, it is the competence of the Executive Committee or the General Assembly to restore the position or not.
On January 11, 2018, the Ecuadorian Olympic Committee received Andrea Sotomayor’s request for a license, which was granted “until she lasts in office” as Minister of Sports in the Lenín Moreno government. Sotomayor was elected general secretary a month earlier as part of the board of Augusto Morán, who began a second term at the helm of the COE in December 2017.
When the Moreno regime ended on May 24, the COE decided to keep John Zambrano as secretary and not to reinstate Sotomayor, who presented a protection action before the ordinary courts.
The COE, through Morán as legal representative, appealed the sentence handed down by Hermes Jiménez Pintado, as judge of the Criminal Guarantees Judicial Unit with Competence in Flagrant Crimes. Constitutional second instance judges ruled last Tuesday in favor of the Olympic Committee.
Regarding alleged violations of Sotomayor’s constitutional rights, the Specialized Criminal, Military Criminal, Police Criminal and Traffic Chamber of the Provincial Court of Justice of Guayas notified Morán: “This Court finds that the demand made by the plaintiff Andrea Sotomayor to the president of the COE, to restore her to her functions as general secretary, the party has no administrative competence, but rather the Executive Committee or the General Assembly of the COE, which is why it has not violated any constitutional right to the plaintiff “.
The foregoing according to “the analysis of the evidence” and “the allegations made by the procedural subjects”, according to judgment number 09281202102393, second instance.
From Sotomayor’s complaint to an alleged “violation of legal security” by the COE “in an arbitrary manner”, the Chamber determined “that the plaintiff’s right to legal security has not been affected”. (D)
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