19 the prosecutor were probable cause to presume his responsibility. The Judge Gonzalo Serrano Vega, in a dissenting opinion, stated that neither the existence of an infraction or the presumptions that established Mr. Acosta Calderón’s responsibility had been proven.49 50(41) On December 1, 1994 the Criminal Court of Napo set December 7, 1994 as the date for Mr. Acosta Calderón’s prosecution hearing.50 50(42) On December 7, 1994 the prosecution hearing was held; here the Prosecution accused Mr. Acosta Calderón of being the perpetrator of the crime defined and repressed in Article 33 subparagraph c) of the Law on the Control of the Trafficking of Narcotic and Psychotropic Substances, which stated that they will “repress with extraordinary imprisonment from twelve to sixteen years and a fine of fifty to one hundred Sucres all those that: [...] c) illegally deal the narcotics or psychotropic drugs mentioned in List No. 1 of the III Part of the Annex of the present Law. Illegal trafficking will be considered as all commercial transaction, possession or delivery of any title over narcotic medications or drugs made against the stipulations included in this law.” The Judge also requested that the sentences established by the law for these effects be imposed. In this hearing Mr. Acosta Calderón requested that an acquittal be issued in his favor.51 50(43)On December 8, 1994, the Criminal Court of Napo in Tena convicted Mr. Acosta Calderón under article 33 subparagraph c) of the Law on the Control of the Trafficking of Narcotics and Psychotropic Substances and sentenced him to nine years in prison at the Social Rehabilitation Center in Quito, and they ordered Mr. Acosta Calderón to pay a fine of 50,000 Sucres.52 There is no evidence that this conviction was appealed. 50(44)On July 29, 1996, the Criminal Court of Napo ordered that Mr. Acosta Calderón be freed for having served his sentence given a reduction made to it for good behavior.53 50(45)Mr. Acosta Calderón remained under the State’s custody for six years and eight months, including the five years and one month he remained in preventive detention. 49 Cfr. dissenting Opinion of July 22, 1994 presented by Doctor Gonzalo Serrano Vega, Judge of the First Chamber of the Superior Court of Quito (dossier of annexes to the petition, annex 10, leaf 184). 50 Cfr. ruling of December 1, 1994 issued by the Criminal Court of Napo (dossier of annexes to the petition, annex 10, leaf 190). 51 Cfr. transcript of the prosecuting hearing of Mr. Acosta Calderón held on December 7, 1994 before the Criminal Court of Napo (dossier of annexes to the petition, annex 10, leafs 191-192). 52 Cfr. conviction of December 8, 1994 issued by the Criminal Court of Napo in Tena against Mr. Acosta Calderón (dossier of annexes to the petition, annex 10, leafs 214-216). 53 Cfr. ruling of release from prison of July 29, 1996 issued by the Criminal Court of Napo in Tena (dossier of annexes to the petition, annex 10, leaf 241); and official letter of July 18, 1996 addressed by the National Authority of Social Rehabilitation to the Head of the Social Rehabilitation Center of Ambato (dossier of annexes to the petition, annex 10, leaf 225).