3 protection to persons in that category, in violation of Article 2 of the American Convention[.] II Jurisdiction 3. The Court is competent to hear the present Case. Ecuador has been a State Party to the American Convention since December 28, 1977, and recognized the compulsory jurisdiction of the Court on July 24, 1984. III Proceedings before the Commission 4. The instant case was initiated by the Commission on March 18, 1994, as a result of a petition submitted on February 24 of that year. On April 8, 1994, the relevant information was transmitted to Ecuador and it was granted a period of 90 days to furnish whatever information it considered relevant. The State submitted its reply on August 2, 1994. 5. The State's reply was transmitted to the petitioners on August 12, 1994. On September 15 of that year the Commission held a hearing in the Case, which was attended by a representative of Ecuador. 6. On September 28, 1994, the Commission placed itself at the disposal of the parties to initiate the friendly-settlement proceeding provided for in Article 48(1)(f) of the Convention. 7. No friendly settlement having been reached, on September 12, 1995, the Commission adopted report 11/95 which established in its final paragraphs that: 1. On the basis of information produced and the observations made, the Commission decides that in the case of Mr. Iván Rafael Suárez-Rosero the State of Ecuador had not fulfilled the obligation set forth in Article 1 of the Convention to respect the rights and freedoms recognized therein. 2. The Commission maintains that in the present Case the State of Ecuador has violated and continues to violate Mr. Iván Suárez right to personal liberty established in clauses 1 to 6 of Article 7; his right to a fair trial pursuant to Article 8(2) in general, and clauses (d) and (e) in particular. The State has violated his right to humane treatment provided for in Article 5(1) and (2); and his right to judicial protection enshrined in Article 25. The State has also contravened Article 2 with the exclusionary provision of Article 114 (sic) of the Criminal Code. 3. The Commission also condemns Mr. Suárez's prolonged preventive detention and recommends that the Government: a. adopt such measures as may be necessary to release him without prejudice to the continuation of his trial; b. adopt effective measures to guarantee the thorough and prompt trial of this case, and the measures necessary to ensure that such violations are never repeated in future;

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