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Home > Cases > Herrera Espinoza et al. v. Ecuador

Herrera Espinoza et al. v. Ecuador

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Case Summary: Herrera Espinoza et al. v. Ecuador, Case Summary

Year
2014
Country
Ecuador
Topics
Access to Legal Procedures
Arbitrary Arrest and Detention
Civil and Political Rights
Criminal Justice
Due Process Rights
Failure to Investigate
Fair Trial (Right to)
Freedom from Torture and other Cruel, Inhumane and Degrading Treatment
Judicial Protection (Right to)
Physical, Mental, and Moral Integrity (Right to)
Violations Against The Inter-American Convention On Human Rights
Article 5(1) Right to Physical, Mental, and Moral Integrity
Article 5(2) Prohibition of Torture, and Cruel, Inhumane or Degrading Treatment
Article 7(1) Right to Personal Liberty and Security
Article 7(2) Prohibition of Deprivation of Liberty Unless for Reasons and Conditions Previously Established by Law
Article 7(3) Prohibition of Arbitrary Arrest or Imprisonment
Article 7(4) Right to Be Informed of Reasons of Arrest and Charges
Article 7(5) Right to Be Promptly Brought Before a Judge and Right to a Trial Within Reasonable Time
Article 7(6) Right to Have Recourse Before a Competent Court
Article 8(1) Right to a Hearing Within Reasonable Time by a Competent and Independent Tribunal
Article 8(2) Right to Be Presumed Innocent
Article 8(2)(g) Right Not to Self-Incriminate
Article 8(2)(b) Right to Have Prior Notification of Charges
Article 8(2)(e) Right to Assistance by Counsel Provided by State
Article 8(2)(d) Right to Self-Defense or Legal Assistance and to Communicate Freely with Counsel
Article 8(2)(c) Right to Adequate Time and Means to Prepare Defense
Article 8(3) A Confession is Valid Only if Not Coerced
Article 25(1) Right of Recourse Before a Competent Court
Violations Against The Inter-American Convention To Prevent And Punish Torture
Article 1 Obligation to Prevent and Punish Torture
Article 6 Obligation to Take Effective Measures and Punish Torture and Cruel, Inhuman, and Degrading Treatment
Article 8 Obligation to Investigate and Prosecute
Did the State Raise Preliminary Objections?
Yes
Judges
Caldas, Robert F.
Mac-Gregor Poisot, Eduardo Ferrer
Odio Benito, Elizabeth
Porto, Humberto Sierra
Raul Zaffaroni, Eugenio
Vio Grossi, Eduardo
Separate Opinions
Vio Grossi, Eduardo
Reparations
Investigate, Prosecute, and Punish Those Responsible
Judgment as a Form of Reparation
Provide Monetary Damages or Costs and Expenses
Publish the Judgment
Reform Legislation
Case Summary
Yes