23 ARTICLE 7 (PERSONAL LIBERTY),57 IN CONJUNCTION WITH ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS) AND 2 (DOMESTIC LEGAL EFFECTS) OF THE AMERICAN CONVENTION 1. arbitrary arrest (Article 7(3)) 110. The Commission indicated that the imposition of preventive detention on Mr. Barreto Leiva was “based exclusively on indications of criminal responsibility […] with no justification of what objectives the prosecution sought with the imposition of that measure”, all of which amounted to, according to the Commission, a violation of the rights enshrined in Articles 7(1) and 7(3) of the American Convention The representative agreed with the argument put forward by the Commission and the State did not contest such allegations. 111. The Court has established that, in order to restrict the right to personal liberty using measures such as remand in custody, there must be sufficient evidence to allow reasonable supposition that the person committed to trial has taken part in the criminal offense under investigation.58 Nevertheless, “even in these circumstances, the deprivation of liberty of the accused cannot be based on general preventive or special preventive purposes, which could be attributed to the punishment, but […] based on a legitimate purpose, which is: to ensure that the accused does not prevent the proceedings from being conducted or elude the system of justice.”59 112. Article 182 of the CCP in force in Venezuela at the time of the events, established, in its pertinent part, that: So long as it has been indisputably proven that a crime has been committed that merits corporal punishment and there is no obvious penalty prescribed for such offense, and there are well-founded indications of an individual’s culpability, the Examining Magistrate Court will issue a warrant for the arrest of the accused that will contain the following: 1. Full name of the accused and any other indentifying information. 2. A summary of the facts and legal grounds for the arrest warrant and the provisional classification of the crime. 113. On May 18, 1994, based on Article 182 of the CCP mentioned above, the SCJ issued an "arrest warrant" against Mr. Barreto Leiva, “for the crime of complicity to misappropriate public funds”. The SCJ pointed out: 57 Article 7 of the Convention, in its relevant part, provides that: 1. Every person has the right to personal liberty and security […] 3. No one shall be subject to arbitrary arrest or imprisonment. […] 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. 58 Cf. Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 21, 2007. Series C Nº 170, para. 101; and Case of Servellón García et al. V. Honduras. Merits, Reparations and Costs. Judgment of September 21, 2006. Series C No. 152, para. 90. 59 Cf. Case of Chaparro Álvarez and Lapo Íñiguez. V. Ecuador, supra note 58, para. 103; and Case of Servellón García et al. V. Honduras, supra note 58, para. 90, and Case of Acosta Calderón V. Ecuador, supra note 22, para. 111.