27
that Mr. Lapo did not file an appeal. However, it finds that, by requiring that those
detained must appeal the mayor’s decisions in order for their case to be heard by a
judicial authority, the State is placing obstacles to a recourse that should, due to its
nature, be simple. In addition, the law established that the mayor was obliged to decide
the recourse within 48 hours, and forward the case documents to the Constitutional
Court if the latter requested this, within a similar period. This means that the detained
person had to wait at least four days for the Constitutional Court to hear his case. If it is
also considered that the law did not establish a time limit for the Constitutional Court to
take a decision on the appeal, and that this court was the only judicial body competent to
hear appeals from throughout the country against the denial of habeas corpus, we can
conclude that the requirement that the recourse be decided “without delay” established
in Article 7(6) of the Convention is not respected. Lastly, the detained person is not
brought before the Constitutional Court; consequently this body cannot verify his
situation and, thus, guarantee his rights to life and personal integrity.72
130. Based on the above and bearing in mind the State’s acquiescence, the Court
declares that Ecuador violated Article 7(6) of the Convention, in relation to Article 2
thereof, to the detriment of Mr. Lapo, which, in turn, represents a violation of his right to
personal liberty, embodied in Article 7(1) of the Convention, in relation to the obligation
to guarantee rights embodied in Article 1(1) thereof.
b)
Action for juridical protection or habeas corpus prescribed by law
131. On April 13, 1998, Mr. Lapo filed an action for juridical protection before the
Guayaquil Superior Court of Justice, indicating that he had been “deprived of his liberty
unlawfully, because the case file does not show any procedural reason that would make
the precautionary measure applicable.”73 On May 14, 1998, the Superior Court rejected
the recourse stating that “there is no evidence of any violation of procedure that would
affect the appellant’s rights.”74
132. On May 12, 1998,75 Mr. Chaparro filed an action for juridical protection before the
same Superior Court, stating that “if the requirements established in art. 177 of the Code
of Criminal Procedure [(supra para. 104)] to deprive [him] of [his] liberty have been
totally invalidated, it is evident that this deprivation of liberty has become unlawful and,
consequently, [he] request[ed] that it be revoked and that the injustice being committed
72
Cf. 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. This paragraph states
that:
In 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,
inhumane or degrading punishment or treatment.
See also, Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para.
63, and Case of La Cantuta, supra note 16, para. 111.
73
Cf. action for juridical protection filed on April 13, 1998, by Freddy Hernán Lapo Íñiguez (judicial case
file, volume 72, folio 9227).
74
Cf. judgment of May 13, 1998, delivered by the Superior Court of Justice of Guayaquil (judicial case
file, volume 72, folios 9295 and 9296).
75
The Commission mistakenly indicated that the date on which Mr. Chaparro filed the action for juridical
protection was May 20, 1988 (file on merits, volume I, folio 87).
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