81
c)
the detention of those convicted “cannot violate the presumption of
innocence, as it was not excessive;”
d)
for purposes of the right being analyzed, it is sufficient to assert that
“the records show that the next of kin of the [alleged] victim […] had legal
assistance; and
e)
“[t]he facts of the case do not demonstrate that the petitioner was
forced to plead guilty, except for a groundless testimony by Daniel Tibi
himself, for which reason, as there is no ‘evidence of the facts in the records
[...] the Court [must find] that the violation of Articles 8(2) and 8(3) of the
American Convention was not proven’.”
Considerations of the Court
a)
In regards to the principle of a reasonable term in the criminal proceeding
against Mr. Tibi
167.
Article 8(1) of the American Convention sets forth that:
1.
Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal,
or any other nature.
168. Reasonability of the term, as set forth in this provision, must be assessed in
connection with the total duration of the proceeding, from the first procedural act
until the order to execute the judgment. The Court has ruled that, in criminal
matters, the term begins on the date when the individual is detained.159 When this
measure is not applicable, but there is an ongoing criminal proceeding, said term
begins when the judicial authority takes cognizance of the case.
169. Daniel Tibi was detained on September 27, 1995. Therefore, the term must
be assessed from that moment on. This Court has also established that to decide on
reasonability of the term, it is necessary to take into account that the proceeding
ends when an unappealable judgment is issued on the matter, which exhausts the
jurisdiction, and that, especially regarding criminal matters, said term must include
the whole proceeding, including the appeals that may be filed.160
170.
Article 242 of the Criminal Procedures Code of Ecuador established that:
[i]f the Judge deems that existence of the crime has not been proven sufficiently, or that
the former having been proven, those guilty of it have not been identified, or if there is
insufficient evidence of participation of the suspect, he will order provisional dismissal of
the proceeding and of the charges against the accused, stating that for the time being,
substantiation of the proceeding cannot continue.
159
See Case of Suárez Rosero, supra note 145, para. 70; and likewise, Hennig v. Austria, No.
41444/98, para. 32, ECHR 2003-I; and Reinhardt and Slimane-Kaid v. France, 23043/93, para. 93, ECHR
1998-II.
160
See Case of Suárez Rosero, supra note 145, para. 71.
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