E.1 Conclusion
117. The Court concludes that the applications for amparo that were filed were neither appropriate
nor effective to control the lawfulness of the deprivation of liberty of the presumed victims.
Therefore, the State violated the right to personal liberty established in Articles 7(1) and 7(6) of the
American Convention, in relation to Article 1(1) of this instrument, to the detriment of Messrs.
Villarroel Merino, Cevallos Moreno, Coloma Gaibor, Vinueza Pánchez, López Ortiz and Ascázubi
Albán.
VII-2
JUDICIAL GUARANTEES, IN RELATION TO THE OBLIGATIONS TO RESPECT AND TO
ENSURE THE RIGHTS AND THE DUTY TO ADOPT DOMESTIC LEGAL PROVISIONS
OF THE AMERICAN CONVENTION131
A. Judicial guarantees
118. In this chapter, the Court will examine the alleged violations of judicial guarantees. First, it
will refer to the failure to provide the presumed victims with prior detailed information of the charges
against them and time to prepare their defense in relation to the report prepared by the
Comptroller’s Office prior to the police criminal proceedings. Then, it will analyze the alleged
violations of judicial guarantees during the police criminal trial, namely: (a) the lack of competence
and impartiality of the court that heard the case, and (b) the unreasonable duration of the police
criminal trial. Lastly, it will examine the alleged violation of judicial protection in relation to the
claims for compensation alleged by the presumed victims.
119. In addition, regarding the criminal complaint filed by the presumed victims Villarroel Merino,
Coloma Gaibor, López Ortiz, Ascázubi Albán and Vinueza Pánchez against Byron Pinto Muñoz for the
offense of malfeasance in office,132 this Court notes that both the representative and the Commission
referred to this complaint and that the State presented arguments to disprove the possible violations
of due process in the corresponding proceedings. However, the Court notes that the representative
and the Commission only mentioned the proceedings, without providing legal substantiation or
supporting arguments concerning possible violations of the Convention. Therefore, the Court will
not rule in this regard because it has insufficient elements to examine the said proceedings.
A.1 Arguments of the parties and the Commission
A.1.1 Right to prior notification in detail of the charges and adequate time and means
for the preparation of the defense in relation to the report of the Comptroller General’s
Office
120. The Commission alleged the violation of the right to prior notification in detail of the charges
and the right of defense established in Articles 8(2)(b) and 8(2)(c) of the American Convention, in
relation to Article 1(1) of this instrument. The Commission noted that, taking into account the
punitive implications of the administrative investigation which also preceded the start of the criminal
investigation, the investigation should have been notified previously to the persons involved so that
they would be aware of the possible irregularities that were being investigated and could exercise
their right of defense. In addition, it noted that, in its answering brief, the State did not contest this
allegation or prove, with pertinent documentation, that it had notified the presumed victims prior to
131
Articles 1(1), 2 and 8 of the American Convention.
Cf. Complaint filed by Messrs. Villarroel Merino, Coloma Gaibor, López Ortiz, Ascázubi Albán and Vinueza Pánchez
before the Prosecutor General on June 3, 2003 (evidence file, fs. 3672 to 3681).
132
31