22
plurality of procedural subjects [...]. There weren’t any evidentiary procedural
difficulties [...] the case file only had ninety sheets for when the conviction was
delivered;”
j)
the alleged victim’s behavior “was never directed to extending the
process;”
k)
the judicial authorities “simply limited themselves to deny the requests
of liberty or reversal of the order of preventive detention [, in which] they even
stated that there was not any material evidence of the infraction that could
have served as a basis to keep him in preventive detention;”
l)
there was not any legal basis for Mr. Acosta Calderón to continue under
arrest after the Judge of Criminal Matters of Lake Agrio ordered the dismissal of
the case. Mr. Acosta Calderón “was judged pursuant to the Law on the Control
of the Trafficking of Narcotics [and Psychotropic Substances], which was the
valid law at the time when the infraction was committed and the criminal
procedures were begun.” In the mentioned law “there was not any rule
regarding the obligatory request of an opinion or any legal stipulation that
prevented the liberty of a person whose liberty was ordered by the competent
judge. The norm that is said to have prevented the granting of Mr. Acosta
Calderón’s freedom became valid after the criminal proceedings against him
had begun. Therefore, the mentioned law could not have been applied to [the
alleged victim] and even less so to restrict his right to personal liberty
[through] an arbitrary […] preventive detention;” and
m)
“the violation of any of the rights set forth in Art[icle] 7 [of the
Convention] necessarily lead to the violation of the right included in Art[icle]
7(1) of the same, since it recognizes, in a general manner, the rights to
personal liberty and security.”
Considerations of the Court
53.
Article 7 of the American Convention states that:
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.