Suárez Rosero v. Ecuador
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Suárez Rosero v. Ecuador

On June 23, 1992, Mr. Rafael Iván Suárez Rosero was arrested without a warrant by officers of the National Police of Ecuador. He was later charged with illegal drug trafficking. At no time before or during his detention was Mr. Suárez Rosero summoned to appear before a competent judicial authority to be informed of the charges brought against him. The Court found that the State violated the American Convention on Human Rights. 

Case Summary: Suárez Rosero v. Ecuador 

Year: 
1997
Country: 
Ecuador
Topics: 
Access to Legal Procedures
Arbitrary Arrest and Detention
Civil and Political Rights
Criminal Justice
Economic, Social, and Cultural Rights
Prison and Detention Conditions
Freedom from Torture and other Cruel, Inhumane and Degrading Treatment
Violations Against The Inter-American Convention On Human Rights: 
Article 1 Obligation to Respect Rights
Article 1(1) Obligation of Non-Discrimination
Article 2 Obligation to Give Domestic Legal Effect to Rights
Article 5 Right to Humane Treatment
Article 5(2) Prohibition of Torture, and Cruel, Inhumane or Degrading Treatment
Article 7 Right to Personal Liberty
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(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 Right to a Fair Trial
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)(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 25 Right to Judicial Protection
Did the State Accept International Responsibility?: 
No
Did the State Raise Preliminary Objections?: 
No
Judges: 
Abreu Burelli, Alirio
Cançado Trindade, Antônio Augusto
Fix-Zamudio, Héctor
Jackman, Oliver H.
Montiel Argüello, Alejandro
Pacheco Gómez, Máximo
Salgado Pesantes, Hernán
Reparations: 
Investigate, Prosecute, and Punish Those Responsible
Provide Monetary Damages or Costs and Expenses
Case Summary: 
Yes

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