163. In light of the above, the Commission notes and appreciates that, with respect to the definition of the offense of forced disappearance, the State of Ecuador adjusted its norms to the Convention, except as regards express recognition that the offense shall be deemed to be ongoing and permanent until the fate or whereabouts of the victim is established. 164. As noted above, with respect to habeas corpus, the rule in force at the time of the arbitrary detention and subsequent forced disappearance of Jorge Vásquez Durand was that set forth in Article 19.16.j of the Political Constitution of that time, which, among other limitations, required that he be presented before the municipal -- not judicial -- authority, as well as information on the place of detention of the appellant or person on behalf of whom the habeas corpus action was brought. "Anyone who believes he/she has been illegally deprived of his/her liberty may bring a habeas corpus action. This right is exercised by the person himself or through an intermediary, without the need for a written mandate, before the Mayor or President of the Council in whose jurisdiction he is located or before someone representing them. 165. The IACHR has analyzed in several occasions the Ecuadorian regulation that determined that the habeas corpus had to be filed with the Mayor or President of the Council, an administrative authority, responsible for deciding the legality of the arrest. And in that sense it has established for more than a decade that the State has the duty to "take all steps necessary within its domestic legislation to amend the law on habeas corpus […] so that judges and not mayors shall decide the legality of an arrest, and take immediate steps to give effect to that amendment.” 162 In the instant case, although the appeal was not lodged based on the above mentioned reasons, it is important to emphasize that the same regulation was per sé contrary to the American Convention and turned the habeas corpus into an ineffective and inappropriate resource, according to the standards of the Convention. 166. Therefore, the IACHR concludes that although Ecuador adopted a new Political Constitution in 2008 and that the habeas corpus rules have been altered substantially,163 the habeas corpus regulations in force in Ecuador for the events of the instant case, contravened Article 2 of the American Convention and Article III of the Inter-American Convention on Forced Disappearance of Persons. 162 See, for example: IACHR; report Nº 66/01, Case 11.992, Daría María Levoyer Jiménez, Ecuador, 14 June 2001, paras. 36, and 37; and IACHR. Application of the Inter-American Commission on Human Rights before the Inter-American Court of Human Rights in case 12.091, Juan Carlos Alvarez Chaparro and Freddy Hernan Lapo Iñiguez v. Ecuador. June 23, 2006, para. 16(c). 163 The text of Articles 89 and 90 of the Political Constitution of 2008 reads as follows: Article 89: Habeas corpus proceedings are aimed at restoring the freedom of those who are being held illegally, arbitrarily or illegitimately by order of a public authority or any other persons, as well as to protect the life and bodily safety of persons in prison. Immediately after the proceedings are filed, the judge shall convene a hearing, which must be held within the following twenty-fours, where the warrant of arrest and imprisonment with the legal formalities and the justifications of fact and law that substantiate the measure must be presented. The judge shall order the appearance of the imprisoned person, the authority in whose charge the imprisoned person has been committed, the court-appointed defense attorney and the person who had ordered or caused the imprisonment, depending on the case. If necessary, the hearing shall be held in the place of detention. The judge shall rule within twenty-four hours after completion of the hearing. In the event of illegitimate or arbitrary detention, release from prison shall be ordered. The ruling ordering release from prison shall be complied with immediately. If any kind of torture, inhumane, cruel or degrading treatment is confirmed, the order to release the victim, provide integral and specialized care, and provide measures that are alternative to imprisonment when applicable shall be issued. When the order for imprisonment has been issued in criminal proceedings, the appeal shall be made with the Provincial Court of Justice. Article 90: When the place of incarceration is unknown and there are indications of interference by some public official or another agent of the State or persons who are acting on the basis of the latter's authorization, support or acquiescence, the judge must call the top representatives of the National Police Force and the competent Minister to a hearing. After listening to them, the measures needed to locate the person and those responsible for his/her imprisonment shall be adopted. Political Constitution of Ecuador of 2008. Available content/uploads/2013/06/constitucion_2008.pdf [Translator: English https://www.constituteproject.org/constitution/Ecuador_2008.pdf 38 at: text http://cancilleria.gob.ec/wptaken from :