The facts of the case concern the arbitrary and illegal detention of Daniel Tibi in November 1995, as well as the torture and cruel, inhumane and degrading treatment which he suffered while he was deprived of liberty for the alleged crime of trafficking. The facts also relate to the seizure of his goods, which were not returned to him by the State when he was released.

The IA Court analyzed pretrial detention in the context of the right to personal liberty, ratifying its character as a precautionary and not punitive measure. The Court emphasized the relevance of immediate judicial oversight as a measure intended to avoid arbitrary or illegal detentions.

The IA Court also examined the conditions of the detention of Mr. Tibi in relation to the State obligation to respect personal integrity and with the obligation to investigate.