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.