Isaias Case admitted to the Commission of Human Rights of the UN
For a case to be heard before the International Court of Human Rights, the Inter-American Commission (Washington), or the Human Rights Commission of the United Nations (Geneva), it must first exhaust the internal means of defense. But in some cases where there are serious violations of human rights, such as the case of the Isaias brothers they are admitted without exhausting domestic remedies. More than 10 years has elapsed since the violations began. This exaggerated delay constitutes just another serious violation of their fundamental rights to justice in a timely and appropriate manner.

The Isaias case has endured through 5 presidential administrations, almost 15 years of litigation and more than 50 judges. Throughout this time, numerous rights of the accused have been violated, such as the presumption of innocence, due process and the right to impartial courts. Laws were enacted targeting them, judges impeached for ruling in their favor, ad hoc tribunals assigned to the case, campaigns waged to damage their reputation, they have been left defenseless, charges have been changed during the litigation among other atrocities.

Based on this history, where the political manipulation was apparent along with the interests of those in power at the time, on March 12, 2012 the United Nation’s Human Rights Commission in Geneva, Switzerland, received a complaint filed by Roberto and William Isaias against the Ecuadorian state, the same that was filed under the case number 2244 / 2013.

On December 6, 2013, in Geneva, the accused, representatives of the Ecuadorean Government, presented an official answer to the complaint filed by the Isaias brothers. The Commission of Human Rights of the UN gave the complainants notice of the response filed and gave them a time period in which to respond. Once both responses are filed before the Commission, this institution should make a decision regarding the facts and resolve the matter.

Violations within the Isaias case

Contained in said complaint is a history of all the violations committed in the Isaias case which are described as follows:

1. Violations of the right to due process, established in Article 14 of the ICCPR.

1.1 Violations during criminal proceedings:

- Violation of the right to be heard by a competent court, independent and impartial established by law, the lack of stability of the judges and their arbitrary impeachment throughout the process; the arbitrary appointment of an ad hoc and ad hominem courts for the trial and the prohibition to recuse judges as defined in the partial reform of the Code of Criminal Procedure of 2009, violates the right to an impartial judge or court.

- Violation of the right to presumption of innocence, established in Article 14.2 of the International Covenant on Civil and Political Rights (ICCPR) as it refers to the statements made by public officials and the guilty treatment afforded to the defendants in a criminal trial which lacked a sentence.

- The violation of the right to be tried without undue delay, , recognized in the ICCPR Art 14.3.c

1.2 Violations during the confiscation process:

- The absence of procedures to determine their rights, recognized in Article 14.1 and 14.2 of the ICCPR, the discriminatory suppression of the right to due process and access to justice to enforce civil rights affected by the process of challenges. Constituent Mandate No. 13 (Arts. 14.1, 2.3a and 26 of the ICCPR).

The violation of William and Roberto Isaias’ rights to not suffer from the application of an unfavorable retroactive criminal law and the enactment of a new more favorable law, recognized in Article 15 of the ICCPR.

- The ex post facto application of a new criminal act and the application of an abolished criminal act.

- The violation of the right to personal liberty of Roberto and William Isaias for the arbitrary arrest warrant and the request sent to Interpol that was issued against them violates Article 9 of the ICCPR.

The final sentence on the Isaias case will be issued by international courts
The formal acceptance of the complaint filed by the Isaias brothers was addressed to Xavier Castro Munoz, defense counsel for Roberto and William Isaias, and signed in Geneva on June 5, 2013, by Mr. Ibrahim Salama, Director of the Division for Rights Human Treatises for the Office of the High Commissioner of Human Rights of the UN. He states that in accordance with the Optional Protocol to the International Covenant on Civil and Political Rights, said complaint has been admitted and has been transmitted to the party-State, in this case the Republic of Ecuador for a response. In accordance with Rule 97, Section 2, of the Commission Regulations, the Ecuadorian State had 6 months in which to respond to the complaint. Today, the case is in the resolution stage.

VIDEO: The international instances. The final decision of the UN, Geneva
• Complaint by the brothers Roberto and William Isaias Dassum for the violation of Human Rights against the Ecuadorian Government

• Various aspects are mentioned such as: General Antecedents- brief outline of the Isaias family; the Financial Crisis of 1998; the restructuring process of Filanbanco SA to strengthen it.

• Filanbanco in 1998 – relevant antecedents, Liquidation in 2002 and demise in 2010; the demonization and persecution – A political decision – Affectation of Human Rights.

• The political and judicial persecution of the Isaias family executed by government authorities and officials carrying out their duties; Violations and infringed rights

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