12 50(2) Mr. Acosta Calderón was arrested on November 15, 1989 in Ecuador by the customs military police under suspicion of drug trafficking. The police statement given that day indicates that in a suitcase seized from the alleged victim they found a substance that they assumed was “cocaine paste”8. 50(3) On the day of his arrest Mr. Acosta Calderón made a statement to the customs military police in which he pointed out, among other things, that he was aware of the content of the suitcase seized. On that same day he also made a statement before the Criminal Prosecutor of Sucumbios, in which he stated his innocence. These statements were not made in the presence of a defense counsel.9 50(4) Despite being a Colombian citizen, Mr. Acosta Calderón was not informed of his right to his country’s consular assistance.10 50(5) On November 15, 1989 the Judge of Criminal Matters of Lake Agrio issued a court order to investigate the alleged crime in process No. 192-89 against Mr. Acosta Calderón for having been arrested “in possession [of] approximately 2 pounds and a half of cocaine paste” and since “the facts set forth are punishable crimes that may be investigated, and all the prerequisites of Article 177 of the Code of Criminal Procedures were present [Mr.] Acosta Calderón was accused with an order of preventive custody.” He also ordered that a copy of said order to investigate the alleged crime be sent both to the defense counsel appointed by the court and to the alleged victim and that the latter’s preliminary examination statement be received. The defense counsel appointed by the court was notified of the court order to investigate the alleged crime on that same day.11 50(6) On November 15, 1989, the Court for Criminal Matters of Lake Agrio issued the “Constitutional ticket of imprisonment,” in which it indicated that Mr. Acosta Calderón would remain as an untried prisoner for the crime of “Drug Trafficking”12. 50(7) On November 29, 1989 the Judge of Criminal Matters of Lake Agrio ordered that Mr. Acosta Calderón appear in that Court on November 30, 1989 to offer his preliminary examination statement. The Judge also ordered that the alleged drug seized be weighed at the Lake Agrio Hospital for its corresponding acknowledgment and destruction.13 8 Cfr. police report on the arrest made on November 15, 1989 by the Customs Military Police (dossier of annexes to the petition, annex 10, leaf 105). 9 Cfr. statement given on November 15, 1989 by Mr. Acosta Calderón before the Customs Military Police (dossier of annexes to the petition, annex 10, leaf 106); and statement given by Mr. Acosta Calderón on November 15, 1989 before the Criminal Prosecutor of Sucumbios (dossier of annexes to the petition, annex 10, leaf 107). 10 Uncontroverted fact. 11 Cfr. court order for the investigation of the crime issued November 15, 1989 by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 109). 12 Cfr. constitutional ticket of imprisonment of November 15, 1989 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 111). 13 Cfr. ruling of November 29, 1989 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 112).