held at IACHR headquarters on November 28, 2005, the Commission decided to continue processing the petition, on the understanding that at the request of either party, the IACHR could again place itself at their disposal to reach a friendly settlement.254 The Commission notes that during the friendly settlement process, the State paid Ms. Andrade financial compensation,255 although the Commission is unaware of the amount paid. V. LEGAL ANALYSIS 198. In keeping with the facts established and the parties’ arguments, the Commission will analyze the case first from the standpoint of the right to personal liberty, and its interpretation in relation to other rights enshrined in the American Convention, such as the right to the presumption of innocence, the right to private property, and the right to movement and residence. It will then refer to the right to be tried within a reasonable time. A. The right to personal liberty of María Nina Lupe del Rosario Andrade Salmón (Article 7 of the American Convention) in relation to the right to the presumption of innocence (Article 8(2) of the American Convention), the right to private property (Article 21 of the American Convention), the right to movement and residence (Article 22 of the American Convention), and the general duty to respect and ensure the rights (Article 1(1) of the American Convention) 199. Article 7 of the American Convention establishes, in the pertinent part: 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. … 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. … 200. Article 8(2) provides: 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 … 201. Article 1(1) of the American Convention indicates: 254 See communication from the Inter-American Commission on Human Rights dated December 13, 2005. 255 See communication received from the petitioners on March 30, 2006.

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