also noted that “for the year 1998, if this remedy was denied by the mayor, it could be
appealed before the former Constitutional Court.”
21.
As the Court has noted in previous decisions, the mayor, even when he or she
may have jurisdiction under the law, does not constitute an authority that meets the
requirements of the Convention. This is because, under Article 7(6) of the Convention,
control of deprivation of liberty shall be judicial (“before an appropriate judge or court”),
and the mayor is part of the Administration. In its examination of cases on Ecuador, this
Court has also found that the requirement of appealing the mayor's decisions in order
for habeas corpus to be heard by a judicial authority creates obstacles to a remedy that
should by its very nature be simple. 10 Thus, as the Court has expressed in its case law
on Ecuador, the remedy of habeas corpus indicated by the State does not constitute an
effective remedy.
22.
For all these reasons, the Court concludes that the State’s arguments are not
sufficient to support its claim of a failure to exhaust domestic remedies. Thus, it is
appropriate to reject the preliminary objection lodged by Ecuador.
B) Alleged violation of the right to defense
23.
The State argued that the Commission “took some steps without guaranteeing
due process in the development of the present case.” It divided its arguments into two
groups: one related to the “lack of motivation in the Admissibility Report” and the other
“on the Merits Report [...] and compliance with recommendations.” It noted, specifically,
that:
a) the preliminary objection regarding a failure to exhaust domestic remedies was
presented by the State in the period of admissibility and was not considered in
the Admissibility Report, which shows that the Commission did not analyze the
“legal position” of the State and, thus, there was an “absence of motivation” in
its determinations, and
b) the Merits Report: i.- was not “adequately motivated,” as it did not analyze
the remedy of habeas corpus as a guarantee of respect for the right to personal
liberty; ii.- asserted that a request for liberty for Mr. Carranza was not considered,
“which does not correspond to the procedural facts;” and iii.- expressed
recommendations and then “did not allow the State enough time to comply with
[them].” 11
24.
The Commission stated that “the Court’s case law indicates that the authority
to carry out a ‘lawfulness review’ of the Commission’s actions must be exercised in the
most limited and exceptional manner so as to not jeopardize the autonomy and
independence of the Commission.” Furthermore, it asserted: a) regarding the claimed
failure to consider habeas corpus in its decisions, that “it considered in its [A]dmissibility
[R]eport that Mr. Carranza attempted an appropriate course of action through which the
State had the opportunity to analyze the compatibility of the deprivation of liberty with
10
Case of Chaparro Álvarez and Lapo Iñiguez v. Ecuador, Preliminary Objections, Merits, Reparations,
and Costs, Judgment of November 21, 2007. Series C No. 170, para. 122 and Case of Herrera Espinoza et al.
v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 1, 2016. Series C
No. 316, para. 167.
Ecuador maintained that the Commission had sent the case to the Court without considering that, as
it was aware, the actions aimed at complying with the recommendations were being coordinated with the
representative of the presumed victim.
11
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