Rights to humane treatment, personal liberty, a fair trial, and judicial protection (Articles 5, 68 7,69 8, 70 and 25 71 of the American Convention in relation to Article 1(1) of the same instrument and Articles 1,72 6,73 and 874 of the Inter-American Convention to Prevent and Punish Torture75) A. The right to personal freedom 56. The Inter-American Court has held that the "essential aim of Article 7 of the Convention is to protect the freedom of the individual against any arbitrary or illegal interference by the State" and that “Article 7 of the [American] Convention contains two distinct types of regulations: one general, the other specific. The general one is contained in the first subparagraph: ‘[e]very person has the right to personal liberty and security.’ While the specific one is composed of a series of guarantees that protect the right not to be deprived of liberty unlawfully (Article 7[2]) or arbitrarily (Article 7[3]), to be informed of the reasons for the detention and the charges brought against him (Article 7[4]), to judicial control of the deprivation of liberty (Article 7[5]), and to contest the lawfulness of the arrest (Article 7[6]). Any violation of subparagraphs 2 to 7 of Article 7 of the Convention necessarily entails the violation of Article 7(1) thereof.”76 57. According to the jurisprudence of the Inter-American Court, “Article 7(2) of the Convention refers automatically to domestic law. Accordingly, any requirement established in domestic law that is not complied The pertinent portions of Article 5 of the American Convention provide: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture of to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 69 Article 7. Right to personal liberty 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 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. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 70 Article 8 of the American Convention: “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every 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.” 71 Article 25(1) of the American Convention: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.” 72 Article 1 of the Inter-American Convention to Prevent and Punish Torture (IACPPT): “The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.” 73 Article 6 of the IACPPT: “In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.// The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature.// The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.” 74 Article 8 of the IACPPT: “The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case.// Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.// After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.” 75 By virtue of the principle of iura novit curia, the Commission considers it appropriate to offer its opinion on the international responsibility of the State with respect to Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture. The State has been afforded the opportunity to exercise its right to contradict and express its position on the facts that support this analysis. 76 I/A Court H.R., Case of Argüelles et al. v. Argentina, Preliminary Objections, Merits, Reparations, and Costs, Judgment of November 20, 2014, Series C. No. 288, par. 114. 68 15