19
***
61.
The Commission claimed that Ecuador violated Articles 7(6) and 25 of the American
Convention when it denied Mr. Suárez-Rosero the right of habeas corpus. On that point,
the Commission claimed that the inordinate time of fourteen and a half months between
Mr. Suárez-Rosero's filing the writ of habeas corpus on March 29, 1993, and the ruling on
the writ is patently incompatible with the reasonable time provided for in Ecuador's own
legislation. It further claimed that the State had therefore failed in its obligation to provide
effective judicial recourse. Lastly, the Commission maintained that such recourse was
denied for purely procedural reasons, that is, because the petitioner had not indicated the
nature of the proceeding or the location of the court that had ordered the detention, nor the
place, date or cause of the detention. Such formal requirements are not established in
Ecuadorian Law.
62.
Ecuador did not contest those arguments in its answer to the application.
63.
This Court shares the Commission's view that the right enshrined in Article 7(6) of
the American Convention is not exercised with the mere formal existence of the remedies it
governs. Those remedies must be effective, since their purpose, in the terms of Article
7(6), is to obtain without delay a decision "on the lawfulness of [his] arrest or detention,"
and, should they be unlawful, to obtain, also without delay, an "order [for] his release".
The Court has also held that
[i]n order for habeas corpus to achieve its purpose, which is to obtain a judicial determination of
the lawfulness of a detention, it is necessary that the detained person be brought before a
competent judge or tribunal with jurisdiction over him. Here habeas corpus performs a vital role
in ensuring that a person's life and physical integrity are respected, in preventing his
disappearance or the keeping of his whereabouts secret and in protecting him against torture or
other cruel, inhuman or degrading punishment or treatment (Habeas Corpus in Emergency
Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights), Advisory Opinion
OC-8/87 of January 30, 1987. Series A No. 8, para. 35).
64.
As indicated above (supra, para. 34.(r)), the Court deems it to have been proven
that the writ of habeas corpus filed by Mr. Suárez-Rosero on March 29, 1993, was disposed
of by the President of the Supreme Court of Justice of Ecuador on June 10, 1994, that is,
more than 14 months after it was filed. This Court also deems it to have been proven that
the application was ruled inadmissible, on the ground that Mr. Suárez-Rosero had omitted
certain information, whereas, under Ecuadorian Law, such information is not a prerequisite
for admissibility.
65.
Article 25 of the American Convention provides that everyone has the right to simple
and prompt recourse, or any other effective recourse, to a competent court or tribunal. The
Court has ruled that this provision
constitutes one of the basic pillars not only of the American Convention, but of the very rule of
law in a democratic society in the sense of the Convention.
Article 25 is closely linked to the general obligation contained in Article 1(1) of the American
Convention, in assigning protective functions to the domestic law of States Parties. The purpose
of habeas corpus is not only to ensure respect for the right to personal liberty and physical
integrity, but also to prevent the person's disappearance or the keeping of his whereabouts secret
and, ultimately, to ensure his right to life (Castillo Páez Case, Judgment of November 3, 1997.
Series C No. 34, paras. 82 and 83).
66.
On the basis of the foregoing, and especially since Mr. Suárez-Rosero did not have
access to simple, prompt and effective recourse, the Court finds that the State violated the