Chaparro Álvarez y Lapo ÍñiguezCase
The facts of the case relate to the illegal and arbitrary detention of Chilean national Juan Carlos Chaparro Álvarez, owner of the “Aislantes Plumavit Compañía Limitada” factory, and Ecuadorian national Freddy Hernán Lapo Íñiguez, the factory manager. These detentions were carried out in November 1997, in the context of “Operación Antinarcótica Rivera”, an operation under which cool-boxes similar to those produced in the factory of the victims were seized if the presence of cocaine hydrochloride and heroine within them had been detected.
The IA Court developed standards regarding preventive detention and the effectiveness of available legal resources to challenge said detention. The Court also stressed that decisions adopted by internal organisms which could affect human rights must be duly justified. Failure to do so renders them arbitrary. The Court established that the condition for ensuring the right to defense is the motivation of the judicial decision. In this case, the lack of motivation impeded the defense’s ability to be made aware of the reasons why the victims were deprived of their liberty, and hindered the task of presenting new evidence or arguments to achieve their liberation or challenge, in a more effective manner, the determining evidence against them.
The IA Court also developed standards regarding the adoption of real precautionary measures with regards to the right to property.
- Presentation to the IACommission
- Sep 8, 1998
- Apr 14, 1999
- Submission to the IACourt
- Jun 23, 2006
- IACourt / Judgment: rights violated
ACHR 1.1, 2, 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2.c), 8.2.d), 21.1 1.1, 2, 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.1, 8.2.c), 8.2.e), 21.1, 21.2 1.1, 4, 5.1, 8.1, 25
- IACourt / Judgment: rights non-violated
ACHR 25 7.4
- Deprivation of liberty
- Pretrial detention
- Court documents
- Chaparro Alvarez and Lapo Iniguez. Judgment. November 21, 2007
- Chaparro Alvarez and Lapo Iniguez. Order of the IACourt. April 29, 2009
- Chaparro Alvarez and Lapo Iñiguez. Order of the IACourt. February 22, 2011
- Chaparro Alvarez and Lapo Iniguez. Order of the IACourt. May 19, 2010
- Chaparro Alvarez y Lapo Iñíguez. Judgment. November 26, 2008
- Chaparro Alvarez y Lapo Iñiguez. Order of the IACourt. January 27, 2015
- Chaparro Alvarez y Lapo Iñiguez. Order of the IACourt. June 23, 2016
- Documentos de la comisión