29.
The tribunal added that the sentence was to be served at Guayaquil Prison and that the time
that he had already spent deprived of his liberty should be deducted from the sentence, in accordance with
Article 54 of the Sentences and Social Rehabilitation Code.30
30.
The IACHR notes that Mr. Carranza filed no appeal to challenge that judgment.
V.
ANALYSIS OF LAW
31.
Having regard to the submissions of the parties and the proven facts, the Commission’s legal
analysis is presented in the following order: A. Matter precedent concerning the scope of the case; B. The right
to personal liberty and the right to be presumed innocent; and C. The right to a trial within a reasonable time.
A.
Matter precedent concerning the scope of the case
32.
Taking into account the various arguments formulated by the petitioner, the Commission
considers it pertinent first to refer to the scope of this case.
33.
In that connection, the petitioner argued that his arrest was illegal and arbitrary, that his
detention was unreasonable, that he received inadequate medical attention for the tuberculosis that he
suffered, that violations of due process occurred, and that the sentence imposed was not proportional since
he was not granted the reductions provided under domestic law.
34.
The Commission recalls that in Report on Admissibility No. 154/11 it outlined the object of
this case. Specifically, upon analyzing the requirement of exhaustion of domestic remedies, the Commission
noted that Mr. Carranza did not appeal against his conviction. In that regard, the analysis as to exhaustion of
domestic remedies centered exclusively on Mr. Carranza's pretrial detention.31 Likewise, in the section on
“colorability” of the petition in said admissibility report, the Commission focused solely on the pretrial
detention, finding that “the facts alleged by the petitioner regarding the extended [pretrial] detention of
Ramón Rosendo Alarcón could characterize possible violations [of] the rights to personal liberty, [a fair trial],
and judicial protection.32 In that same section, the Commission found that the petitioner presented no
arguments from which to find prima facie a possible violation of Article 5 of the Convention.33
35.
In light of the foregoing, the following analysis of law will be confined to Mr. Carranza's
pretrial detention. Furthermore, since the two matters are intertwined, the Commission will pronounce on
whether his right to a trial within a reasonable time was violated in the criminal proceeding.
B.
The right to personal liberty and the right to be presumed innocent
36.
The pertinent portions of Article 7 of the American Convention provide:
1. Every person has the right to personal liberty and security.
(…)
3. No one shall be subject to arbitrary arrest or imprisonment.
(…)
30
Judgment of the Fourth Criminal Tribunal of Guayas, December 15, 1998 Enclosed with the State's communication of July 15,
31
IACHR, Report on Admissibility No. 154/11, Case 12.197, Ramón Rosendo Carranza Alarcón, Ecuador, November 2, 2011,
2016.
pars. 20-22.
32
IACHR, Report on Admissibility No. 154/11, Case 12.197, Ramón Rosendo Carranza Alarcón, Ecuador, November 2, 2011,
33
IACHR, Report on Admissibility No. 154/11, Case 12.197, Ramón Rosendo Carranza Alarcón, Ecuador, November 2, 2011,
par. 27.
par. 29.
6