56. The Commission takes note of the personal background check record for Mr. Cortez, dated October 10, stating that he has a criminal record with the National Police of Ecuador.51 The IACHR further notes the information in the public domain regarding the Criminal Record Certification of the Ministry of the Interior, dated March 2017, indicating that Mr. Cortes has no criminal record with said authority.52 IV. LEGAL ANALYSIS A. Right to personal liberty and due process (Articles 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, and 8.253 of the American Convention in conjunction with Article 1.1 and 2 thereof). 1. Regarding the detentions of Mr. Cortez on January 21, 1997, July 11, 1977, and February 28, 2000 57. Regarding Article 7.2 of the Convention, the Inter-American Court has pointed out that it "recognizes the main guarantee of the right to physical liberty: the legal exception, according to which the right to personal liberty can only be affected by a law."54 The legal exception required to impair the right to personal liberty pursuant to Article 7(2) of the Convention must necessarily be accompanied by the principle of legal definition of the offense (tipicidad), which obliges the States to establish, as specifically as possible and “beforehand,” the “reasons” and “conditions” for the deprivation of physical liberty. Accordingly, any requirement established in domestic law that is not complied with when depriving a person of his liberty will cause this deprivation to be unlawful and contrary to the American Convention.55 58. The Inter-American Court has established that,, pursuant to the Constitution and the Code of Criminal Procedure of Ecuador, for detention to be legal under the American Convention, a judicial warrant was required, unless the person was caught in flagrante delicto.56 From the case file, the Commission's understanding is that such were the legal grounds for detention in both 1997 and in 2000. 59. Article 7.5 of the Convention provides that any person detained has a right to have a judicial authority promptly review said detention, as a control measure designed to avoid arbitrary and illegal detentions. Immediate judicial control is a measure that seeks to avoid arbitrariness or unlawfulness of detentions, taking into account that under the rule of law the judge must ensure the detainee’s rights, authorize precautionary or National Police of Ecuador. National Directorate of the Judicial Police. Personal background check record certificate for Mr. Cortez No. 12464177, issued on October 12, 2010. Attached to the petitioner's communication of November 8, 2010. 52 Ministry of the Interior of Ecuador. Criminal Record Certificate for Mr. Cortez. Consulted on March 19, 2018. Available at: http://www.mdi.gob.ec/minterior1/antecedentes/certificado.php?idr=23626009 53 Article 7 of the American Convention: Right to personal liberty: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. The pertinent portions of Article 8.2 of the American Convention provide: 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. […]”. 54 I/A Court HR. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, par. 56. See also: IACHR. Report on Citizen Security and Human Rights. December 31, 2009, paras. 144-146. 55 I/A Court HR. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, par. 55. See also: IACHR. Report on Citizen Security and Human Rights. December 31, 2009, paras. 144-146. 56 I/A Court HR. Case of Acosta Calderón v. Ecuador. Merits, Reparations and Costs. Judgment of June 24, 2005. Series C No. 129, par. 61; and Case of Tibi v Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 7, 2004. Series C No. 114, par. 103. 51 11