14
This arrest shall be ordered by means of a warrant that shall include the following requirements:
1. The reasons for the arrest;
2. The place and date of issue, and
3. The signature of the competent judge.
In order to carry out the arrest order, the said warrant shall be delivered to an agent of the
National Police or the Judicial Police.
Art. 173. The arrest referred to in the preceding Article may not exceed forty-eight hours, and
within this period, if it is found that the detained person has not intervened in the crime under
investigation, he shall be released immediately. To the contrary, the respective criminal
proceedings shall be opened and, if applicable, an order for remand in custody shall be issued.
61.
The Court will examine whether the facts of this case are compatible with the
domestic norms indicated in the preceding paragraphs in relation to the following points:
(a) the arrest of Messrs. Chaparro and Lapo; (b) the information about the reasons for
the arrest, and (c) the duration of the detention.
a)
The arrest of Messrs. Chaparro and Lapo
62.
According to the police report entitled “Operation Rivera,” several people were
using the fish exporting firm, “Mariscos Oreana Maror,” to carry out “international drugtrafficking” activities.30 According to the Police, ice chests manufactured in the Plumavit
factory owned by Mr. Chaparro and in which Mr. Lapo worked as plant manager, were
used to ship the alkaloid.31
63.
On November 14, 1997, after receiving from the Guayas Anti-narcotics Provincial
Chief a report on “the existence of a criminal drug-trafficking organization […] that [was]
planning to make a possible shipment of drugs to Miami,”32 the Guayas Twelfth Criminal
Judge ordered the arrest33 of thirteen persons, including Mr. Chaparro, so that they could
be investigated “for committing the crime of international drug trafficking.”34 The
respective arrest warrant (boleto) was issued the same day.35 On November 15, 1997, at
4.25 p.m., and in execution of this order, the Guayas Anti-narcotics Police proceeded to
detain Mr. Chaparro; this was done in the presence of the judge.36
64.
In this regard, the Court observes that the arrest of Mr. Chaparro was preceded
by an arrest warrant issued in the context of a criminal investigation by a competent
judge; in other words, pursuant to the previously indicated provisions of domestic law.
Therefore, there was no violation of Article 7(2) of the Inter-American Convention to the
detriment of Mr. Chaparro on this point.
30
Cf. report No. 512-JPA-G-97 concerning “Operativo Rivera” issued on December 4, 1997, by two Police
investigators and addressed to the Guayas Provincial Anti-narcotics Chief (judicial case file, volumes 15, 16 and
17, folios 3011, 3023 and 3024).
31
Cf. report No. 512-JPA-G-97, supra note 30 (folios 3018 to 3021).
32
Cf. report issued by the Guayas Provincial Anti-narcotics Chief on November 14, 1997 (file of
appendixes to the application, appendix 1, folio 817).
33
Cf. court order (auto) for the arrest of Mr. Chaparro and the search of the Plumavit factory issued by
the Guayas Twelfth Criminal Judge on November 14, 1997 (file of appendixes to the application, appendix 2,
folio 822 and 823).
34
Cf. warrant for the arrest of Mr. Chaparro issued by the Guayas Twelfth Criminal Judge on November
14, 1997 (file of appendixes to the application, appendix 3, folio 829).
35
36
Cf. arrest warrant issued on November 14, 1997, supra note 34.
Cf. report made to the Guayas Provincial Anti-narcotics Chief on November 15, 1997 (file of
appendixes to the application, appendix 5, folio 834).
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