3
protection to persons in that category, in violation of Article 2 of the American Convention[.]
II
Jurisdiction
3.
The Court is competent to hear the present Case. Ecuador has been a State Party to
the American Convention since December 28, 1977, and recognized the compulsory
jurisdiction of the Court on July 24, 1984.
III
Proceedings before the Commission
4.
The instant case was initiated by the Commission on March 18, 1994, as a result of a
petition submitted on February 24 of that year. On April 8, 1994, the relevant information
was transmitted to Ecuador and it was granted a period of 90 days to furnish whatever
information it considered relevant. The State submitted its reply on August 2, 1994.
5.
The State's reply was transmitted to the petitioners on August 12, 1994. On
September 15 of that year the Commission held a hearing in the Case, which was attended
by a representative of Ecuador.
6.
On September 28, 1994, the Commission placed itself at the disposal of the parties
to initiate the friendly-settlement proceeding provided for in Article 48(1)(f) of the
Convention.
7.
No friendly settlement having been reached, on September 12, 1995, the
Commission adopted report 11/95 which established in its final paragraphs that:
1.
On the basis of information produced and the observations made, the Commission
decides that in the case of Mr. Iván Rafael Suárez-Rosero the State of Ecuador had not fulfilled the
obligation set forth in Article 1 of the Convention to respect the rights and freedoms recognized
therein.
2.
The Commission maintains that in the present Case the State of Ecuador has violated and
continues to violate Mr. Iván Suárez right to personal liberty established in clauses 1 to 6 of Article
7; his right to a fair trial pursuant to Article 8(2) in general, and clauses (d) and (e) in particular.
The State has violated his right to humane treatment provided for in Article 5(1) and (2); and his
right to judicial protection enshrined in Article 25. The State has also contravened Article 2 with
the exclusionary provision of Article 114 (sic) of the Criminal Code.
3.
The Commission also condemns Mr. Suárez's prolonged preventive detention and
recommends that the Government:
a.
adopt such measures as may be necessary to release him without prejudice to
the continuation of his trial;
b.
adopt effective measures to guarantee the thorough and prompt trial of this
case, and the measures necessary to ensure that such violations are never repeated in
future;