99
him.
5.
Any person detained shall be brought promptly before a judge or
other officer authorized by law to exercise judicial power and shall be
entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be
subject to guarantees to assure his appearance for trial.
[…]
194. Articles 8(2) and 8(2)(b) of the Convention provide as follows:
[e]very person accused of a criminal offense has the right to be presumed
innocent so long as his guilt has not been proven according to law. During
the proceedings, every person is entitled, with full equality, to the
following minimum guarantees:
[…]
b)
prior notification in detail to the accused of the charges against him;
195. Given the peculiarities of the instant case, the Court will now analyze the
alleged violations of Article 7 of the Convention, which are supposedly the result of
the orders of preventive detention issued during the course of the two military
criminal proceedings instituted against Mr. Palamara-Iribarne for the crime of
disobedience and breach of military duties and the crime of contempt, together with
the alleged violation of the right to the presumption of innocence (Article 8(2) of the
Convention). In turn, because of the circumstances surrounding the facts of the
instant case, in this very same chapter the Court will analyze the alleged violations of
Articles 7(4) and 8(2)(b) of the Convention, as both bear relation to the detention
that took place after the seizure of the books that Mr. Palamara-Iribarne kept in his
home (supra para. 63(20)).
*
*
*
196. Under Article 7(1) of the Convention, every person has the right to personal
liberty and security. Furthermore, under Article 7(2) of the Convention, a person’s
right to personal liberty may be restricted for the reasons and under the conditions
established beforehand by the constitution or by a law established pursuant thereto
(material aspect), but also in strict compliance with the procedures objectively
defined therein (formal aspect).211
197. According to the Court’s case law, precautionary measures which impair,
among other things, the personal liberty of the defendant are exceptional in nature
and restricted by the right to the presumption of innocence and the principles of
211
Cf. Case of Acosta-Calderón, supra note 189, para. 57; Case of Tibi, supra note 206, para. 98;
Case of the Gómez-Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, para. 83.
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