of that same year, the Constitutional Rights Court decided against admitting the complaint, indicating that a ruling to reject this same matter had already been made via its March 26 decision.57 VI. LEGAL ANALYSIS A. The right to personal liberty and the right to equal protection before the law (Articles 758 and 2459 of the American Convention, in connection with Articles 1(1) and 2 thereof) 1. The right to not be deprived of liberty illegally 64. The Inter-American Court has indicated that Article 7(2) of the Convention “recognizes the main guarantee of the right to physical liberty: The legal exception, according to which the right to personal liberty can only be affected by a law.”60 The legal exception required to affect the right to personal liberty pursuant to Article 7(2) of the Convention is that states must issue a statutory description of the criminal offense, as specifically as possible, and establish “beforehand” the “grounds” and “conditions” for the deprivation of physical liberty. Thus, any requirement established under domestic law that is not abided by when an individual is deprived of his or her liberty renders such deprivation illegal and a violation of the American Convention.61 65. The laws that govern arrests in Ecuador in the context of the alleged commission of crimes related to drug trafficking have been referred to on a number of occasions by the organs of the interAmerican system. In the case of the Commission, its Report on the Human Rights Situation in Ecuador,62 as well as its merits reports in the cases of Dayra María Levoyer Jiménez63 and Ruth Rosario Garcés Valladares64 bear mentioning. Similarly, the IACHR has referred several cases to the Court in which it has had the opportunity to examine Ecuadorian law in this area. Specifically, the Court rendered decisions in this regard in the cases of Chaparro Álvarez and Lapo Iñiguez; Acosta Calderón; and Tibi and Suárez Rosero, all with respect to Ecuador.65 57 Resolution No. 088-96-CA, adopted on March 26, 1996 by the Constitutional Rights Court, regarding the complaint filed by Mr. Mario Montesinos Mejía with the Chief Judge of the Superior Court of Justice of Quito. 58 Article 7 of the American Convention. Right to Personal Liberty: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 59 All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. 60 I/A Court H.R. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, paragraph 56. See also: IACHR. Report on Citizen Security and Human Rights. December 31, 2009, paragraphs 144-146. 61 I/A Court H.R. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, paragraph 55. See also: IACHR. Report on Citizen Security and Human Rights. December 31, 2009, paragraphs 144-146. 62 IACHR, Report on the Situation of Human Rights in Ecuador, OEA/Ser.L/II.96, Doc. 10 rev.1 of April 24, 1997. See Chapter VII – The Right to Personal Liberty. Available at: http://www.IACHR.org/countryrep/Ecuador-sp/Capitulo%207.htm 63 IACHR, Merits Report No. 66/01, Case 11.992, Dayra María Levoyer Jiménez, Ecuador, June 14, 2001. 64 IACHR, Merits Report No. 64/99, Case 11.778, Ruth del Rosario Garcés Valladares, Ecuador, April 13, 1999. 65 I/A Court H.R. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170; I/A Court H.R. Case of Acosta Calderón v. Ecuador. Merits, Reparations, and Costs. Judgment of June 24, 2005. Series C No. 129; and I/A Court H.R. Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations, and [continues …] 11