17
***
48.
The Commission requested the Court to find that the fact that Mr. Suárez-Rosero's
incommunicado detention for 36 days generated a violation of Article 7(2) of the American
Convention, inasmuch as it violated Ecuadorian law, which establishes that such detention
may not exceed 24 hours.
49.
Ecuador did not challenge that argument in its answer to the application.
50.
The Court observes that, pursuant to Article 22(19)(h) of the Political Constitution of
Ecuador, the incommunicado detention of a person may not exceed 24 hours (supra, para.
43). Nevertheless, Mr. Suárez-Rosero was held incommunicado from June 23 to July 28,
1992 (supra, para. 34(d)), that is, for a total of 35 days in excess of the maximum period
established by the Constitution.
51.
Incommunicado detention is an exceptional measure the purpose of which is to
prevent any interference with the investigation of the facts. Such isolation must be limited
to the period of time expressly established by law. Even in that case, the State is obliged
to ensure that the detainee enjoys the minimum and non-derogable guarantees established
in the Convention and, specifically, the right to question the lawfulness of the detention and
the guarantee of access to effective defense during his incarceration.
52.
The Court, bearing in mind the maximum limit established in the Ecuadorian
Constitution, finds that Mr. Rafael Iván Suárez-Rosero's incommunicado detention from
June 23 to July 28, 1992, violated Article 7(2) of the American Convention.
X
Violation of Article 7(5)
53.
The Commission argued in its application that the State had not fulfilled its obligation
to bring Mr. Suárez-Rosero before a competent judicial authority, as required by Article 7(5)
of the Convention, for, according to the arguments of the petitioner -not contested by the
State before the Commission-, Mr. Suárez-Rosero never appeared in person before such an
authority to be informed of the charges against him.
54.
In its answer to the application in that regard, Ecuador stated that "Mr. SuárezRosero has been exercising his legal rights to express his views and make his legitimate
claims during his legal process."
55.
Article 7(5) of the American Convention provides that
[a]ny person detained shall be brought promptly before a judge or other officer authorized by law
to exercise judicial power and shall be entitled to trial within a reasonable time or to be released
without prejudice to the continuation of the proceedings. His release may be subject to
guarantees to assure his appearance for trial.
56.
The State did not contest the Commission's claim that Mr. Suárez-Rosero never
appeared before a judicial authority during the proceeding. The Court therefore deems that
claim to have been proved and rules that this omission on the part of the State constitutes
a violation of Article 7(5) of the American Convention.
XI