Rigoberto Calderon, a Colombian national, was detained in Ecuador on suspicion of drug trafficking. He was held without trial for 5 years based on discriminatory criminal procedures applicable to those facing drug related charges and convicted without evidence. He was released shortly thereafter with time served in pretrial detention, returned to Colombia and subsequently disappeared. The Court held Ecuador responsible for violations of Convention rights including right to non-discrimination, fair trial and liberty and security of person. The denial of safeguards and aggressive pursuit of his conviction without evidence was viewed as contrary to the general principle of presumption of innocence.
Citation: Rigoberto Acosta Calderon v. Ecuador (Merits, Reparations, Costs) IACtHR Series C No 129 (24 June 2005)