11
As to the Facts
34.
From an examination of the documents, the witnesses' statements, the expert's
report, and the remarks of the State and the Commission in the course of the proceedings,
the Court deems the following facts to have been proven:
a.
Mr. Rafael Iván Suárez-Rosero was arrested at 2:30 a.m. on June 23, 1992,
by officers of the National Police of Ecuador, in connection with police Operation
"Ciclón", the aim of which was to "disband one of the largest international drugtrafficking organizations", by a police order issued when residents of the Zámbiza
sector of Quito reported that the occupants of a "Trooper" were burning what
appeared to be drugs (police report of the Pichincha criminal investigation office of
June 23, 1992; statement of Rafael Iván Suárez-Rosero during the inquiry
proceedings of June 23, 1992; answer to the application; testimony of Rafael Iván
Suárez-Rosero);
b.
Mr. Suárez-Rosero was arrested without a warrant from the competent
authority and not in flagrante delicto (statement by the alternate agent of the State
during the public hearing; testimony of Rafael Iván Suárez-Rosero; constitutional
warrant of imprisonment No. 158-IGPP-04 of July 22, 1992; warrant authorizing
preventive detention, of August 12, 1992);
c.
on the day of his arrest, Mr. Suárez-Rosero gave an initial statement to police
officers in the presence of three prosecutors from the Ministry of Public Affairs. No
defense attorney was present during the questioning (statement of Rafael Iván
Suárez-Rosero during the inquiry proceedings of June 23, 1992; police report of the
Special Investigations Unit of July 7, 1994; official communication No. 510-CSQ-P-96
of the President of the Superior Court of Justice of Quito; testimony of Mr. Rafael
Iván Suárez-Rosero; order Number Seven delivered by the First Chamber of the
Superior Court of Justice of Quito at 10:00 a.m. on April 16, 1996, seventh
paragraph);
d.
from June 23 to July 23, 1992, Mr. Rafael Iván Suárez-Rosero was held
incommunicado at the "Quito Number 2" Police Barracks situated at Montúfar and
Manabí streets in the city of Quito, in a damp and poorly ventilated cell measuring
five meters by three, together with sixteen other persons (police report of the
Special Investigations Unit of July 7, 1994);
e.
on July 22, 1992, the Commissioner-General of Police of Pichincha ordered
the Director of the Men's Social Rehabilitation Center to keep Mr. Suárez-Rosero and
other persons in detention until a court had issued an order to the contrary
(constitutional warrant of imprisonment Number 158-IGPP-04 of July 22, 1992);
f.
on July 23, 1992, Mr. Suárez-Rosero was transferred to the Men's Social
Rehabilitation Center of Quito (former García Moreno Prison), where he remained
incommunicado for five more days (constitutional warrant of imprisonment Number
158-IGPP-04 of July 22, 1992; testimony of Rafael Iván Suárez-Rosero; order
delivered by the President of the Superior Court of Justice of Quito at 10.00 a.m. on
July 10, 1995);
g.
during the entire period of his incommunicado detention, from June 23 to July
28, 1992, Mr. Suárez-Rosero was not allowed to receive visits from his family or