released.204 Gabriel Blas Valencia indicated that he was released from the PTJ after several
days.205 On December 20, 2001, Jenny Paola Lulleman and Julia Mamanu Mamani were released.
The following day Luis Fernando Lulleman was released.206
136. Among those detained in the PTJ facilities, only Carlos Enrique Castro Ramírez, Alfredo
Bazán y Rosas, Víctor Manuel Boggiano Bruzzón, Genaro Ahuacho Luna, Mercedes Valencia
Chuquimia, Victoria Gutiérrez Aguilar, Blas Valencia Campos, Oswaldo Lulleman Antezana, Claudia
Valencia Alarcón, F.E.P.M., Norma Lupe Alarcón de Valencia, Carlos Eladio Cruz Añez, Elacio Peña
Córdova, Freddy Cáceres and Patricia Gallardo Ardúz207 were brought before a judge during the
public hearing on precautionary measures held on December 19, 2001.
137. Thus, despite being detained in the PTJ facilities, Edwin Rodríguez Alarcón, Gabriel Valencia
Alarcón, Luis Fernando Lulleman Gutiérrez, Jenny Paola Lulleman de Zaconeta, Julia Mamanu
Mamani and Carlos Álvaro Taboada were never brought before a judge or other authority;
therefore, the Court finds that Article 7(5) of the American Convention was violated to their
detriment.
138. Regarding Raúl Oswaldo Lulleman, even though his name appeared among those who
attended the public hearing on December 19, according to the testimony of the official of the
Human Rights Committee of the Chamber of Deputies who went to the PTJ in response to a
complaint by the Lulleman family owing to the disappearance of Raúl Oswaldo, he was in the PTJ
facilities in Sucre Street and, therefore, could not have taken part in the said hearing.208 Also, the
facts of the case reveal that Raúl Oswaldo Lulleman was deprived of liberty for two years without
having taken part in any hearing for the control of precautionary measures. Therefore, this Court
also finds the State responsible for the violation of Article 7(5) of the American Convention, to the
detriment of Raúl Oswaldo Lulleman.
B.1.4. Absence of an effective remedy (Art. 7(6) of the Convention)
139. In this section, the Court will analyze whether the State granted the alleged victims who
were brought before a judge the possibility of having recourse to him to take a prompt decision
on the lawfulness of their detention and, if this was unlawful, to order their release, pursuant to
Article 7(6) of the Convention.
140. Article 7(6) of the Convention has its own legal content which consists in the direct protection
of personal or physical liberty by means of the judicial order addressed to the corresponding
authorities that they must bring the person detained before a judge so that the latter may examine
the lawfulness of the deprivation of liberty and, if appropriate, order that person’s release.209 In
its case law, the Court has already asserted that such remedies should not only exist formally in
the law, but must also be effective; that is, comply with the objective of obtaining a prompt
204
Cf. Affidavit made by Carlos Álvaro Taboada Valencia on June 14, 2022 (evidence file, folio 12624).
205
Cf. Affidavit made by Gabriel Blas Valencia on June 14, 2022 (evidence file, folio 12633).
206
Cf. Affidavit made by Luis Fernando Lulleman Gutiérrez on June 17, 2022, (evidence file, folio 12782)
207
Cf. Record of public hearing on precautionary measures issued by the Eighth Criminal Investigation Court on
December 19, 2001 (evidence file, folio 1764).
Cf. Statement made by RVG, official of the Human Rights Committee of the Chamber of Deputies, in the
context of the Prosegur case, oral proceedings hearing of April 7, 2003, (evidence file, folio 265).
208
Cf. Advisory Opinion OC-8/87 of January 30, 1988, supra, para. 33, and Case of Villarroel Merino et al. v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of August 24, 2021. Series C No. 430, para.
110.
209
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