namely, the Office of the Mayor. Both the Commission3 and the Court have held that filing for habeas corpus with an administrative authority does not, in principle, constitute an effective remedy under the standards of the American Convention4 and thus, the Commission has deemed that it is not necessary to exhaust it.5 On this point, the jurisprudence of the Inter-American Court has found that requiring those detained to file an appeal with the mayor and then to appeal [the mayor’s decisions] in order for their case to be heard by a judicial authority, places obstacles to a remedy that should, by its very nature, be simple.6 In the instant case, although not required to do so, the alleged victim filed two habeas corpus appeals that were ultimately decided in August 1998, in other words, subsequent to the submission of the petition. In such regard, taking that into account, the IACHR considers that fulfillment of the timely presentation requirement with respect to this aspect of the petition is also intrinsically linked to the exhaustion of domestic remedies. C. Characterization of the facts alleged 23. The Commission believes that, if proven, the facts alleged by the petitioner could characterize violations of the rights to humane treatment, personal liberty, a fair trial, and judicial protection set forth in Articles 5, 7, 8, 24, and 25 of the American Convention, in accordance with the obligations established under Articles 1(1) and 2 thereof. The alleged facts could likewise constitute violations of Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture with respect to the alleged lack of investigation of the reports of torture as of November 9, 1999. V. DETERMINATIONS OF FACT A. The arrest of Mr. Montesinos in the framework of the Ciclón police operation 24. On June 19, 1992 the Counter Narcotics Intelligence Service of the National Police launched Operación Ciclón [Operation Cyclone] in an effort to dismantle a large drug trafficking organization.7 25. According to a police report, Operación Ciclón entailed the arrest of several individuals and the search of residences tied to the drug trafficking organization being investigated.8 According to the report, weapons, ammunition, and explosives were seized at those homes.9 The Commission notes that the report indicates that one of the individuals arrested was Mr. Montesinos and that the search of his home led to the seizure of firearms such as pistols, revolvers, and shotguns.10 The report also indicates that another one of the individuals arrested was Rafael Iván Suárez Rosero, whose case was taken up by the Commission and later by the Inter-American Court of Human Rights.11 26. As to the specific circumstances surrounding the arrest, the version contained in the police reports indicates that on June 21, 1992 police officers intercepted the vehicle being driven by Mario 3 IACHR, Report No. 139/10, P-139-10, Admissibility, Luis Giraldo Ordóñez Peralta, Ecuador, November 1, 2010, paragraph 29; IACHR, Report No. 66/01, Case 11.992, Merits, Dayra María Levoyer Jiménez, Ecuador, June 14, 2001, paragraphs 78-81; IACHR, Report No. 91/13, P-910-07, Admissibility, Daria Olinda Puertocarrero Hurtado, Ecuador, November 4, 2013. 4 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 128. 5 IACHR, Report No. 91/13, P-910-07, Admissibility, Daria Olinda Puertocarrero Hurtado, Ecuador, November 4, 2013, paragraph 30. 6 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 129. 7 Investigative Report No. 080-JPEIP-CP1-92 of July 17, 1992 in connection with Case No. P1-142-JPEIP-CP1-92 for the Provincial Head of Narcotics and Interpol of Pichincha regarding the so-called Operación Ciclón. 8 Investigative Report No. 080-JPEIP-CP1-92 of July 17, 1992 in connection with Case No. P1-142-JPEIP-CP1-92 for the Provincial Head of Narcotics and Interpol of Pichincha regarding the so-called Operación Ciclón. 9 Investigative Report No. 080-JPEIP-CP1-92 of July 17, 1992 in connection with Case No. P1-142-JPEIP-CP1-92 for the Provincial Head of Narcotics and Interpol of Pichincha regarding the so-called Operación Ciclón. 10 Investigative Report No. 080-JPEIP-CP1-92 of July 17, 1992 in connection with Case No. P1-142-JPEIP-CP1-92 for the Provincial Head of Narcotics and Interpol of Pichincha regarding the so-called Operación Ciclón. 11 See: I/A Court H.R. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35. 4