24
this last case, the Agent will immediately place the detainee in the custody of the Judge,
along with the corresponding report.
[…]
60.
Likewise, Article 175 of the same Code of Criminal Procedures indicated that the
crime detected in the act (flagrante delicto) occurs when a crime:
[…] is committed in the presence of one or more people or when it is discovered
immediately after it is committed, if the perpetrator is caught with weapons, instruments,
or documents related to the crime that has just been committed.
61.
Pursuant to Articles 19(17)(h) of the Political Constitution and 174 and 175 of
the Code of Criminal Procedures of Ecuador in force at the time of the facts, a judicial
order was required for the arrest of an individual, unless they were arrested for a
crime committed in the act. As stated by the Commission and, contrary to that
indicated by the representatives, Mr. Acosta Calderón’s arrest was made under the
supposition of flagrante delicto, as established in Ecuador’s internal law. The customs
military police made the arrest after finding Mr. Acosta Calderón with a substance that
had the appearance of an illegal drug, thus the arrest itself was not illegal.
62.
This Court recalls that, pursuant to the same internal legislation, the procedures
regarding the verification of the elements of the crime applied should have been
followed so they could justify the continuance of the causes for the arrest in alleged
flagrancia and the initiation of a criminal process against the detainee. The Court will
proceed to analyze the formal aspect of the arrest of the alleged victim in order to
determine the existence or not of the alleged violations.
*
*
*
63.
The Code of Criminal Procedures of Ecuador of 1983, in force at the time of the
facts, stated in its Article 170 that:
[in] order to guarantee the immediacy of the defendant with the process, payment of
the compensation and damages to the victim, as well as the procedural costs, the
Judge may order precautionary measures of personal or real nature.
64.
Article 172 of the same legal code indicated that:
[w]ith the object of investigating the commission of a crime, before the
corresponding criminal action is initiated, the competent Judge may order a person’s
arrest, either by personal knowledge or by oral or written reports of the National
Police or Judicial Police agents or of any other person, that can establish proof of the
crime and the corresponding presumptions of responsibility.
This arrest will be ordered through a ticket that must include the following
requirements:
1.
The reasons for the arrest;
2.
the place and date on which it is issued; and
3.
the Competent Judge’s signature.
For the compliance of the arrest warrant this ticket will be handed over to a National
Police or Judicial Police Agent.
65.
Article 173 of the mentioned legal code stated that:
[t]he arrest referred to in Article [172] may not exceed forty eight hours and within this
term if it is proven that the detainee has not participated in the crime under investigation,