64
described in the international norms that guarantee the right[s] of all those
accused of committing a punishable act. The new Code of Criminal Procedure
[...] has established a system of personal and material sureties, which
respects the principles of legality, exceptionality and duration;”
d)
On August 22, 2002, the Criminal Chamber of the Supreme Court of
Justice of Paraguay delivered a decision and judgment, restoring Mr. Canese’s
freedom of movement; and
e)
The Court cannot condemn Paraguay, because it acted in conformity
with the Constitution, domestic legislation and the American Convention. In
addition, it guaranteed due process of law and granted Mr. Canese
guarantees and measures that provided an alternative to imprisonment
during the proceeding, which even concluded with his being absolved.
Considerations of the Court
113.
Article 22 of the Convention establishes that:
1.
Every person lawfully in the territory of a State Party has the right to move about
in it, and to reside in it subject to the provisions of the law.
2.
Every person has the right lo leave any country freely, including his own.
3.
The exercise of the foregoing rights may be restricted only pursuant to a law to
the extent necessary in a democratic society to prevent crime or to protect national
security, public safety, public order, public morals, public health, or the rights or
freedoms of others.
[…]
114. Article 22 of the Convention protects freedom of movement and residence,
which includes the right to leave any country freely, including one’s own country. It
is alleged that the latter aspect has been violated in the instant case.
115. The Court endorses the comments made by the Human Rights Committee in
its General Comment No. 27,135 in the sense that the right to freedom of movement
is the right of all persons to move freely from one place to another and to establish
themselves in the place of their choice. The enjoyment of this right must not be
made dependent on any particular purpose or reason for the person wanting to move
or stay in a place.136 This is an essential condition for an individual to be able to live
his life freely.
116. In addition, the Human Rights Committee has referred to the right to leave
the territory of any country; in this respect, it has stated that:
Freedom to leave the territory of a State may not be made dependent on any specific
purpose or on the period of time the individual chooses to stay outside the country. Thus
traveling abroad is covered, as well as departure for permanent emigration. Likewise,
the right of the individual to determine the State of destination is part of the legal
guarantee.137
135
Cf. U.N. Human Rights Committee, General Comment No. 27 of November 2, 1999.
136
Cf. U.N. Human Rights Committee, General Comment No. 27, supra note 135, para. 5.
Cf. U.N. Human Rights Committee, General Comment No. 27, supra note 135, para. 8.
137
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