56
(supra 70.1). Neither Juan Humberto Sánchez nor his next of kin present at the time
of the detention were told the reasons for it, thus breaching Article 7(4) of the
American Convention to the detriment of Juan Humberto Sánchez.
83.
The objective of Article 7(5) of the Convention is for the detention of a
person to be subject to judicial review, the latter being the appropriate control
mechanism to avoid arbitrary and illegal arrests. In the sub judice case, contrary to
the provisions of said subparagraph, in the second detention of Juan Humberto
Sánchez he was not “br[ought] before the competent authority for his trial [within 24
hours of his detention]” either, as ordered by the aforementioned Article 71 of the
Political Constitution of Honduras. It is evident that Juan Humberto Sánchez was not
brought before the competent authority, as follows from the silence of the military
authorities the day after his second detention, despite the insistence of the
stepfather (supra 70.9); from the ineffectiveness and delay in the processing of the
habeas corpus remedy (supra 70.1), 70.19 and 70.20/infra 121, 122 and 123); and
from the state in which the body was found, with obvious signs of torture (supra
70.10/infra 96 to 100); situations that are all consistent with the pattern of behavior
of the authorities at the time of the facts. In this regard, the Court notes that the
State agents who conducted the second detention of Juan Humberto Sánchez at no
time intended to submit their actions to judicial review or to a control mechanism;
on the contrary, they acted in a clandestine manner to cover up the detention and
possible extra-legal execution of Juan Humberto Sánchez. Thus, there was a
violation of Article 7(5) of the American Convention to the detriment of Juan
Humberto Sánchez.
84.
Both the Inter-American Court and the European Court of Human Rights106
have attached special importance to judicial control of detentions so as to prevent
arbitrariness and illegality. An individual who has been deprived of his liberty with
no judicial control, as occurs in some cases of extra-legal executions, must be
released or immediately brought before a judge, because the essential content of
Article 7 of the Convention is protection of the liberty of the individual against
interference by the State. The European Court of Human Rights has affirmed that
while the term “immediately” must be interpreted according to the special
characteristics of each case, no circumstance, however grave, grants the authorities
the power to unduly prolong the detention period without affecting Article 5(3) of the
European Convention.107 Said Court emphasized “that detention, not recognized by
the State, of a person constitutes a complete denial of said guarantees and one of
the most serious forms of violation of Article 5.”108
85.
This Court deems that when the arbitrary detention of Juan Humberto
Sánchez occurred, within the prevailing pattern of extra-legal executions, he did not
106
Cf. Eur. Court HR, Aksoy v. Turkey. judgment of 18 December 1996, Reports of Judgments and
Decisions 1996-VI, para. 76; and Eur. Court H.R., Brogan and Others judgment of 29 November 1988,
Series A no. 145-B, para. 58.
107
Cf. Bámaca Velásquez Case, supra note 25, para. 140; Castillo Petruzzi et al. Case. Judgment of
May 30, 1999. Series C No. 52, para. 108; and Eur. Court H.R., Brogan and Others judgment of 29
November 1988, Series A no. 145-B, supra note 106, para. 58-59, 61-62.
108
Cf. Bámaca Velásquez Case, supra note 25, para. 140; Villagrán Morales et al. Case (“Street
Children” Case), supra note 103, para. 135; and Cf. Eur. Court HR, Kurt v. Turkey judgment of 25 May
1998, Reports of Judgments and Decisions 1998 III, para. 124.
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