103. On December 14, 2004, the Office of the Mayor of the metropolitan district of Quito ordered that Mr. Guachalá is “conducted to its presence on December 15, 2004, with the respective order of liberty deprivation.” 203 104. The next day the hospital director sent a communication stating that Mr. Guachalá “was a patient of said health center until January 17, 2004, the date when he abandoned the institution.” 204 He stated that there have been attempts to locate him “but it is always foreseen as a risk of the patients with psychiatric diseases that are hospitalized, of which the next of kin are aware and knowledgeable and who accept the terms of the internment and its risks.” 205 105. On December 2004, the IREDH submitted a written document to the mayor of the metropolitan district of Quito where they left on the record having been informed that there would not be an habeas corpus hearing. 206 This, because Mr. Guachalá “would not be presented, because he was not at the hospital (…), according to the information that had been gathered in that health center, the basis for resolving the matter.” 207 They requested that the mayor consider, at the time of resolving, that the writ of habeas corpus is the suitable guarantee to find a missing person. 208 106. On April 27, 2005, INREDH submitted a written document to the Constitutional Tribunal stating that it had not received a response to the letter sent on December 16, 2004. 209 It stated that the writ of habeas corpus has not been resolved despite personally asking the municipality to request its processing. 210 It explained that at the municipality they were informed that the record had been archived and “that they would not issue any resolution”. 211 It also stated that considering this would imply that the writ of habeas corpus has been denied, and, thus, they requested the Constitutional Tribunal to give an opinion about said action. 212 107. On April 11, 2006, the Third Chamber of the Constitutional Tribunal took over the case. 213 Afterwards, on July 6, 2006, the Constitutional Tribunal issued a resolution giving its views on the habeas corpus. 214 In relation to the processing of the remedy before the mayor, the Constitutional Tribunal held the following: (…) the mayor in his duty as a constitutional judge to hear the guarantee of habeas corpus had the duty to guard compliance with said disposition, and by not issuing a resolution in the case submitted, has left the party in a defenseless state, a situation which must be corrected by the Constitutional Tribunal. 215 108. In relation to the feasibility of the habeas corpus for persons with disabilities and institutionalized in hospitals, the Constitutional Tribunal stated the following: (…) it is feasible to file [a writ of] habeas corpus against any form of illegal deprivation of liberty by any State institution (…) especially (…) against hospital medical centers, given that there are situations where the committal of a person in one of these could be an illegal deprivation of personal liberty, because not all committal and detainment of a person with a mental disability, as it is generally-but-wrongly believed, is exempt of any expression of their Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 205 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 206 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 207 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 208 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 209 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 210 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 211 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 212 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 213 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 214 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 215 Annex 13. Resolution of the Constitutional Tribunal, 6 July 2006. Annex 10 to the initial petition. 203 204 17