activity of the interested party; c) the behavior of the judicial authorities;195 and, d) the effects that the delay
in the proceedings may have on the judicial situation of the victim. 196. In this regards the Commissions notes
that the case must be studied taking into consideration its particular circumstances.
218.
In the case before us, the Commission notes that Mr. Eusebio Domingo Revelles was arrested
on August 2, 1994 and the Judgment of the Fourth Chamber of the Superior Court of Justice, which settled the
case “on review,” was handed down on November 24, 1998. This means that the length of the criminal
proceedings against Mr. Domingo Revelles was 4 years and three months. The Commission will proceed to
analyze the above mentioned period of time in accordance with the criteria earlier described.
219.
Firstly, and regarding the complexity of the case, the Commission notes the State indicated
that it was a complex case, since it involved around thirty-three suspects, the size of the case file –six hundred
pages – and the complexity of the crimes themselves for which the suspects were indicted. In this regards,
the Commission notes that even though the case was related to an alleged cocaine hydrochloride trafficking
operation, for which twelve individuals were taken into custody, the investigation files available to the
Commission indicate that an individualized process was finally instituted exclusively in relation to Mr.
Eusebio Sunday Revelles. The Commission also observes that since the beginning of the investigation until the
final judgment of the Fourth Chamber of the Superior Court of Justice, the evidences used as basis to stablish
the criminal liability of the accused were at the disposal of the judicial authorities from the initial stage of the
process and included the declaration of the detainees made during the preliminary investigations and the
existence of drugs and evidences found in a wine vault and hotels where the accused were staying, The above
mentioned evidences were described in the police report that was issued just 6 days after the detentions of
the victims. The Commission is not aware of subsequent complex proceedings which have been taken into
account to determine the criminal responsibility of Mr. Revelles. Therefore, the Commission finds that the
complexity argument made by the State in general terms regarding the initial operative bears no link with the
facts and law that were finally analyzed in order to stablish the individual responsibility of Eusebio Domingo
Revelles.
220.
Secondly, and regarding the procedural activity of the victim, the Commission notes the State
claimed that Mr. Eusebio Domingo Revelles “never cooperated with the investigation activities.” On this
aspect, the Commission notes that it was precisely the duty of the state, by conducting an investigation, to
determine whether there was evidence undermining the presumption of innocence of the defendant. In any
case, the Commission notes that at no time was the conduct of Mr. Eusebio Domingo Revelles did not aim to
obstruct the progress of the proceedings, and the record shows that he only filed a single motion to contest
the order to open the full trial stage.
221.
Finally, regarding the conduct of the judicial authorities, the Commission observes that in the
present case the authorities who dealt with the process from the beginning placed Mr. Domingo Revelles in a
situation of illegal and arbitrary freedom deprivation, in which he remained throughout the duration of the
process. Nevertheless they imposed that measures against the victim, measure that should have been
exceptional, the judicial authorities delayed more than four years to establish criminal responsibility. Even
though since the beginning they had at their disposal the totality of the evidences that finally were used to
condemn Mr. Domingo Revelles, they delayed that long.
222.
The Commission notes that the State justified the delay through the work load of the
Ecuadorian courts at the time and, it moved for the Commission to apply a criterion used by the European
Court of Human Rights in the Deumeland case, in which it was determined that “a temporary backlog of court
business” does not engage the international responsibility of the State.
195 IA Court of HR, Case of Bayarri v. Argentina. Judgment of October 30, 2008. Series C No, 187, para. 72; Case of Baldeón García
v. Peru. Merits, Reparations and Costs. Judgment of April 6, 2006. Series C No. 147, para. 151.
196 IA Court of HR, Case of Valle Jaramillo v. Colombia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C
No. 192, para. 155.
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