The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 202. According to the Constitution in force at the time of the facts in Bolivia, the right to personal liberty was enshrined in the following terms, at Article 9: No one may be detained, arrested, or imprisoned except in those cases and in keeping with the forms established by law; for the respective order to be carried out, it must emanate from a competent authority and be made in writing. 203. As regards the guarantees that should be upheld in a detention, the Inter-American Court has established: Article 7 of the American Convention ... contains two types of regulations, highly differentiated, one general and one specific. The general one is contained in the first subparagraph: “[e]very person has the right to personal liberty and security.” While the specific one is composed of a series of guarantees that protect the right not to be deprived of liberty unlawfully (Art. 7(2)) or in an arbitrary manner (Art. 7(3)), to be informed of the reasons for the detention and the charges brought against him (Art. 7(4)), to judicial control of the deprivation of liberty (Art. 7(5)), and to contest the lawfulness of the arrest (Art. 7(6)). Any violation of subparagraphs 2 to 7 of Article 7 of the Convention necessarily entails the violation of Article 7(1) thereof.256 204. The Commission has indicated that Article 7 of the American Convention enshrines the guarantees regarding the right to liberty that the states parties have undertaken to respect and ensure. Any deprivation of liberty should be carried out in keeping with the pre-established laws, and “No one shall be subject to arbitrary arrest or imprisonment.” In this regard, a person detained should be informed of the reason for his or her detention and notified immediately of any charge against him or her, and be brought immediately before a judge. In addition, every person detained must be tried within a reasonable period or be released while the proceeding continues. In addition, any person deprived of liberty has the right to a judicial remedy and to obtain, without delay, a determination of the legality of the detention.257 The Human Rights Committee of the United Nations has indicated that “remand in custody pursuant to lawful arrest must not only be lawful but reasonable in all the circumstances.”258 205. The Commission recalls that based on “the presumption of innocence, within the framework of a criminal process, the defendant shall remain free, as a rule.”259 206. In the instant case, the Commission has considered it as established that Ms. Andrade Salmón was deprived of liberty from August 3, 2000, by order of the Third Criminal Examining Judge in the proceeding known as the “Gader case,” until February 10, 2001, the date on which she left prison after a release order was issued on February 9, 2001, and that she remained in pre- trial detention during this time 256 I/A Court H.R., Case of Cabrera García and Montiel Flores v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 26, 2010. Series C No. 220. Para. 79. Citing Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2007. Series C No. 170, para. 54; and Case of Barreto Leiva v. Venezuela. Merits, Reparations and Costs. Judgment of November 17, 2009. Series C No. 206, para. 116. 257 IACHR. Report on the Situation of Human Rights in Ecuador. 1997. OEA/Ser.L/V/II.96. Doc. 10 rev. 1. April 24, 1997. Chapter VII. 258 Case of Van Alphen v. The Netherlands, communication No. 305/1998, of July 23, 1990. 259 IACHR, Report No. 86/09, Case 12,553 Jorge, José, and Dante Peirano Basso v. Eastern Republic of Uruguay, August 6, 2009, para. 69.

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