223.
In this regards, the Commission notes that the case of Deumeland v. Germany197 cited by the
State addresses different subject matter from that of the instant case and while the European Court did note
that “a temporary backlog of court business does not engage international responsibility of the State
concerned, provided that the State takes remedial action with the requisite promptness,” it did take into
account the argument of the State of Germany pertaining to potential buildup of cases as a consequence of the
creation of a new Chamber, as a result of the delay in hearing the cases before the Social Court of Berlin. The
IACHR notes that, without prejudice to this argument, in the referenced case, the European Court ruled there
was a violation of reasonable time. In this sense, the Commission considers that the argument pertaining to
the workload of the courts is out of order inasmuch as it is the duty of the State itself to organize its
institutions in order for it to be able to meet the demands of justice of the persons under its jurisdiction. In
addition, the Commission has no information about any aspect of structural nature that could reasonably
have obstructed the progress in the process.
224.
In conclusion, after a comprehensive study of the criminal proceedings, the arguments
invoked by the State do not justify the period time the case against Mr. Eusebio Domingo Revelles lasted.
Considering the characteristics analyzed in the present case, the Commission considers that the period of 4
years and 3 months that the authorities delayed establishing the responsibility of Mr. Domingo Revelles,
during which he suffered a measure of arbitrary deprivation of liberty, exceeded the limits of reasonable time
stablished in article 8.1 of the Inter-America Convention in conjunction with Article 1.1 of the same
instrument.
VI.
CONCLUSIONS
225.
In view of the preceding findings of fact and law, the Commission concludes that the State of
Ecuador is responsible for violation of Articles 5 and 7 of the American Convention Human Rights in
connection with Articles 1.1 and 2 of the same instrument, as well as Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture to the detriment of Jorge Eliécer Herrera Espinoza, Luis Alfonso
Jaramillo González, Eusebio Revelles and Emmanuel Cano. The Commission also concludes that the State of
Ecuador is responsible for violation of Article 8 and 25 of the American Convention on Human Rights to the
detriment of Mr. Eusebio Domingo Revelles in connection with Articles 1.1 and 2 of said instrument.
VII.
RECOMMENDATIONS
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RECOMMENDS THE STATE OF
ECUADOR,
1.
To provide full reparation to the victims in the instant case covering both tangible and
intangible damages.
2.
To conduct a serious, diligent and effective investigation, within a reasonable period of time,
in order to clarify the acts of torture described in the instant report, individually identify those responsible
and impose the appropriate punishments.
3.
To order the administrative, disciplinary and criminal measures, as appropriate, for actions
and omissions of State officials (police agents, prosecutors, public defenders and judges of the different levels
of the judiciary), who contributed with their conduct to the violation of the rights to the detriment of the
victims of the case.
4.
To adopt the measures necessary to prevent similar acts from happening in the future.
Specifically, to develop training programs for public security forces, judges and prosecutors, on the absolute
prohibition of acts of torture and cruel, inhuman and degrading treatment or punishment, as well as the
197ECHR, Case of Deumeland v. Germany. Application no. 9384/81. Judgment of 29 May 1986 (only available in English at:
http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-57468)
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