127.
With respect to the fourth element, the IACHR deems that the ongoing nature of the
proceedings in the circumstances of this case resulted in the Mr. Montesinos’ ongoing deprivation of liberty.
This was due to release being barred in these kinds of proceedings.
128.
In conclusion, the IACHR considers that the duration of the three criminal proceedings
constituted an excessive amount of time, which has not been justified by the State. As a result, the
Commission deems that the State failed to comply with the guarantee of a reasonable amount of time, as set
forth in Article 8(1) of the American Convention, in connection with Article 1(1) thereof, to the detriment of
Mario Montesinos Mejía.
VII.
CONCLUSIONS AND RECOMMENDATIONS
129.
The Commission concludes that the State is responsible for the violation of the right to
humane treatment, personal liberty, a fair trial, and judicial protection, set forth in Articles 5(1), 5(2), 7(1),
7(2), 7(3), 7(4), 7(5), 7(6), 8(1), 8(2), 8(2)(d), 8(3), 24, 25(1), and 25(2)(c) of the American Convention on
Human Rights, in connection with Articles 1(1) and 2 thereof, to the detriment of Mario Montesinos Mejía.
The Commission further concludes that the State is responsible for the violation of Articles 1, 6, and 8 of the
Inter-American Convention to Prevent and Punish Torture.
130.
Based on the factual and legal arguments provided above,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS TO THE STATE OF ECUADOR:
1.
Provide comprehensive reparations, both material and immaterial, for the violation of
human rights declared herein. The State shall adopt measures for economic compensation and satisfaction.
2.
Provide physical and mental health care necessary for Mario Montesinos Mejía’s
rehabilitation in an agreed upon manner, if he so wishes.
3.
Initiate an ex officio criminal investigation that is diligent, effective, and done in a reasonable
period of time in order to shed light on the acts of cruel, inhuman, and degrading treatment reported by
Mr. Montesinos in order to identify all of those responsible and impose the appropriate penalties for the
violations of human rights provided for in this report.
4.
Adopt the necessary measures to prevent similar acts from occurring in the future.
Specifically, develop training programs for law enforcement personnel, judges, and prosecutors regarding the
absolute prohibition on acts of torture and cruel, inhuman, or degrading treatment, as well as their
obligations stemming from the exclusionary rule. Furthermore, ensure that competent authorities are
properly trained about the obligation to initiate ex officio, criminal investigations when there are reports or
well-found reasons to suspect acts of torture and cruel, inhuman, or degrading treatment. Additionally,
strengthen accountability mechanisms and ensure their proper implementation by officials in charge of
treating persons deprived of liberty.
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