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Home > Cases > Montesinos Mejía v. Ecuador

Montesinos Mejía v. Ecuador

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This case stems from the faulty prosecution of a man accused of crimes. The Court found Ecuador in violation of several due process rights protected under the American Convention.

Case Summary: Montesinos Mejía v. Ecuador

Year
2020
Country
Ecuador
Topics
Due Process Rights
Arbitrary Arrest and Detention
Judicial Protection (Right to)
Judicial Guarantees (Right to)
Discrimination
Obligation to Give Domestic Legal Effect to Rights
Physical, Mental, and Moral Integrity (Right to)
Right to Personal Integrity
Freedom from Torture and other Cruel, Inhumane and Degrading Treatment
Ex Post Facto Laws
Violations Against The Inter-American Convention On Human Rights
Article 1(1) Obligation of Non-Discrimination
Article 2 Obligation to Give Domestic Legal Effect to 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)(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 24 Right to Equal Protection
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 Accept International Responsibility?
No
Did the State Raise Preliminary Objections?
Yes
Judges
Mac-Gregor Poisot, Eduardo Ferrer
Odio Benito, Elizabeth
Porto, Humberto Sierra
Raul Zaffaroni, Eugenio
Ricardo Pérez Manrique
Vio Grossi, Eduardo
Case Summary
Yes