17 *** 48. The Commission requested the Court to find that the fact that Mr. Suárez-Rosero's incommunicado detention for 36 days generated a violation of Article 7(2) of the American Convention, inasmuch as it violated Ecuadorian law, which establishes that such detention may not exceed 24 hours. 49. Ecuador did not challenge that argument in its answer to the application. 50. The Court observes that, pursuant to Article 22(19)(h) of the Political Constitution of Ecuador, the incommunicado detention of a person may not exceed 24 hours (supra, para. 43). Nevertheless, Mr. Suárez-Rosero was held incommunicado from June 23 to July 28, 1992 (supra, para. 34(d)), that is, for a total of 35 days in excess of the maximum period established by the Constitution. 51. Incommunicado detention is an exceptional measure the purpose of which is to prevent any interference with the investigation of the facts. Such isolation must be limited to the period of time expressly established by law. Even in that case, the State is obliged to ensure that the detainee enjoys the minimum and non-derogable guarantees established in the Convention and, specifically, the right to question the lawfulness of the detention and the guarantee of access to effective defense during his incarceration. 52. The Court, bearing in mind the maximum limit established in the Ecuadorian Constitution, finds that Mr. Rafael Iván Suárez-Rosero's incommunicado detention from June 23 to July 28, 1992, violated Article 7(2) of the American Convention. X Violation of Article 7(5) 53. The Commission argued in its application that the State had not fulfilled its obligation to bring Mr. Suárez-Rosero before a competent judicial authority, as required by Article 7(5) of the Convention, for, according to the arguments of the petitioner -not contested by the State before the Commission-, Mr. Suárez-Rosero never appeared in person before such an authority to be informed of the charges against him. 54. In its answer to the application in that regard, Ecuador stated that "Mr. SuárezRosero has been exercising his legal rights to express his views and make his legitimate claims during his legal process." 55. Article 7(5) of the American Convention provides that [a]ny person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 56. The State did not contest the Commission's claim that Mr. Suárez-Rosero never appeared before a judicial authority during the proceeding. The Court therefore deems that claim to have been proved and rules that this omission on the part of the State constitutes a violation of Article 7(5) of the American Convention. XI

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