reasonable time, [and] did not release him; this was detrimental to his ability to defend
himself and to his personal integrity, and violated his right to liberty, subjecting him to cruel
and dehumanizing treatment. This situation is clearly reflected in the efforts made to keep
him in pretrial detention, exceeding the legally permitted time limits, subjecting him for
several years without a break to lengthy and continuous judicial proceedings. Likewise, the
delay, for many years, of the judicial proceedings to which he was subjected not only affected
his safety but also harmed his physical integrity, dignity, property, freedom and human rights.
This was compounded by the fact that the State forcefully interpreted its regulations and
exceeded its sovereign power over the alleged victim, in order to keep him in preventive
detention during this exceedingly long and unreasonable judicial process.
B.2. Considerations of the Court
419. This Court notes that the Factum Consorcio representatives made two different
arguments: the first regarding the reasonableness of the overall duration of the criminal
proceedings, and the second, regarding the legality and reasonableness of the pretrial
detention. This second aspect has already been addressed in Chapter VIII.II of this judgment,
concerning personal liberty, for which reason the Court will not comment on it again.
420. This Court has pointed out that the “reasonable time” referred to in Article 8(1) of the
Convention must be assessed in relation to the overall duration of the proceedings until the
final judgment is issued. 591
421. The Court recalls that the facts investigated in a criminal trial must be resolved within
a reasonable period of time, since in certain cases a prolonged delay may, in itself, constitute
a violation of judicial guarantees. 592
422. In addition, this Court has considered four elements to determine the reasonableness
of a period of time: a) the complexity of the matter; b) the procedural activity of the interested
party; c) the conduct of the authorities, and d) the effects on the legal situation of the person
involved in the process. 593 The Court recalls that it is for the State to justify, based on the
above criteria, the reason why it has required the time elapsed to process the cases and, if it
does not do so, the Court has broad powers to make its own assessment in this regard. 594
423. Accordingly, the Court will determine whether the State respected Mr. Martínez’s right
to be judged within a reasonable time and will proceed to analyze each of these four elements.
424. Regarding the first element, this Court has taken into account several criteria to
determine the complexity of the case, including: i) the complexity of the evidence; 595 ii) the
Cf. Case of Suárez Rosero v. Ecuador. Merits, supra, para. 71, and Case of Gutiérrez Hernández et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August 24, 2017. Series C No.
339, para. 183.
592
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, para. 145, and Case of Favela Nova Brasilia v. Brazil, supra, para.
217.
593
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 192, para. 155, and Case of the Xucuru Indigenous People and its members v. Brazil.
Preliminary objections, merits, reparations and costs. Judgment of February 5, 2018. Series C No. 346, para. 135.
594
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, Para. 156, and Case Pacheco León et al. v. Honduras. Merits, reparations
and costs. Judgment of November 15, 2017. Series C No. 342, para. 121.
595
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997.
Series C No. 30, Para. 78, and Case of the Xucuru Indigenous People and its members v. Brazil, supra, para. 137.
591
131
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents