98 arbitrary nature of the orders for his preventive detention. Section 4 of Law No. 18,216 made it possible to anticipate, in Mr. Palamara’s case, the imposition of a non-custodial sentence, which is why preventive detention was inadmissible insofar as the principle of proportionality is concerned; e) preventive detention and the principle of innocence conflict with each other; that conflict influences the determination of the reasons that justify restricting personal liberty and require that, ultimately, the regulatory principle of Article 8(2) of the Convention prevail; f) “there were no elements to anticipate that […] Mr. Palamara was going to obstruct the pending procedures,” particularly considering the fact that the existence of procedural risk cannot be presumed; g) where detention is carried out by a person other than a judge, three requirements must be met: the person must have statutory authority to exercise judicial functions, meet the independence and impartiality standard and be empowered to review the reasons that warrant a person’s detention and, if applicable, order that person released. The naval prosecutor who ordered the detention of Mr. Palamara was statutorily authorized to exercise judicial functions and was empowered to order him released. However, such prosecutor did not meet the independence and impartiality requirement; h) the requirements that apply by virtue of Article 8(2) of the Convention are not observed in Chile’s military criminal procedural system. “As a matter of fact, preventive detention is usually ordered as a consequence of the writ of indictment;” and i) the right to the presumption of Mr. Palamara’s innocence was breached in both proceedings in which he was prosecuted, as preventive detention was ordered for purposes other than those authorized under the American Convention. 192. The State did not submit arguments on the alleged violation of Article 7 of the American Convention or Article 8(2) thereof. Considerations of the Court 193. Article 7 of the American Convention provides as follows: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against