48
however, he indicated that “he never learned" about the proceedings that the
Ecuadorian Consulate was conducting on his behalf in December 2002. Furthermore,
he mentioned that “he never knew how the deportation occurred” and that “he does
not know the proceedings that were conducted to that end.”162
157. It is pertinent to recall that the right of a foreign detainee to request consular
assistance from his country of nationality has been considered within the framework
of the “minimum guarantees to offer foreigners the opportunity to adequately prepare
their defense.”163 In this respect, the Court has emphasized several cases where the
consul may assist the detainee in different acts of defense (supra para. 154), and its
importance in guaranteeing the compliance with the right “to be assisted by a
counsel” under Article 8(2)(d) of the Convention. In this way, “[n]on-observance or
impairment of the detainee’s right to information is prejudicial to the judicial
guarantees,”164 and may result in a violation thereof.
158. As to the effective access to consular communication, the Vienna Convention
provides that the detainee has the right to: 1) freely communicate with consular
officials; and 2) be visited by consular officials.165 According to this treaty, “consular
officers shall have the right to visit a national of the sending State [and] to arrange
for his legal representation.”166 That is to say, the recipient State must not hinder the
acts of the consular official that provides legal services to the detainee. Furthermore,
the detainee has the right to seek consular assistance, which binds the State, of
which the detainee is a national, to protect the rights of its nationals in a foreign
country by providing consular protection. The visits of consular officials should be
made with a view to facilitating “the protection of interests” of the national detainee,
especially those associated with “his or her defense before the courts.”167 In this
respect, the right to the consular visit represents a condition to guarantee and
enforce the rights to personal liberty, humane treatment [personal integrity], and
defense.
159. The Court notes that even though Mr. Vélez Loor had proven communication
with consular officials of Ecuador in the State of Panama,168 the administrative
proceeding conducted between November 12 and December 6, 2002, which resulted
in the resolution by which he was sentenced to imprisonment, did not give him the
opportunity to avail himself of the right to defense, to a hearing, or to the safeguards
of adversarial proceedings, let alone guaranteed that said right could be really
exercised (supra para. 144). That is to say, even if Mr. Vélez Loor was visited at the
penitentiary center by the consular officials at La Joyita Penitentiary Center after the
162
Statement rendered by Jesús Tranquilino Vélez Loor at the public hearing held before the InterAmerican Court on August 25, 2010.
163
The Right to Information on Consular Assistance in the Framework of the Guarantees of Due
Process, supra note 145, para. 122; Case of Chaparro Álvarez and Lapo Íñiguez, supra note 99, para. 164,
and Case of Bueno Alves, supra note 157, para. 116.
164
The Right to Information on Consular Assistance in the Framework of the Guarantees of Due
Process, supra note 145, para. 129; Case of Acosta Calderón v. Ecuador. Merits, Reparations, and Costs.
Judgment of June 24, 2005. Series C No. 129, paras. 125 and 126, and Case of Tibi, supra note 27, paras.
195 and 196.
165
Cf. Vienna Convention on Consular Relations, Articles 36.1.a and 36.1.b).
166
Vienna Convention on Consular Relations, Article 36.1.c).
167
Cf. The Right to Information on Consular Assistance in the Framework of the Guarantees of Due
Process, supra note 145, para. 87; Case of Chaparro Álvarez and Lapo Íñiguez, supra note 99, para. 164
and Case of Bueno Alves, supra note 157, para. 116.
168
Cf. Note N° 4-2-105/2009, supra note 79, folio 2435 and 2436, and Note N° 3-8/09/2003 issued
by the Embassy of Ecuador in Panama addressed to the Director of La Palma Penitentiary Center of
February 26, 2003 (case file of the evidence, volume VIII, annex 53 of the response to the application, folio
3611).
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