57
Contreras siblings ordered the Prosecutor General’s Office to investigate the facts, “the
inquiry remains closed” or “inactive.” The representatives indicated that all the applications
for habeas corpus filed by the victims’ next of kin “were ineffective,” in violation of Article
25(1) of the Convention. The State acknowledged its responsibility for violations of Articles 8
and 25 of the American Convention in general terms.
157. Nevertheless, since Article 7(6) of the Convention248 has its own juridical content
consisting in the direct protection of personal or physical liberty by means of the judicial
mandate addressed at the corresponding authorities ordering them to bring detainees before
a judge so that the latter may examine the legality of the detention and, if appropriate,
order the release of the individual in question,249 and given that the principle of effectiveness
(effet utile) crosscuts the protection due to all the rights recognized in the Convention, as it
has on other occasions,250 the Court finds it unnecessary to analyze this provision in relation
to Article 25 of the Convention.
158. The Court has considered that the remedy of habeas corpus, or the presentation of
the person, is the ideal measure to guarantee liberty, to monitor respect for life and
personal integrity, and to prevent an individual’s disappearance or uncertainty about his
place of detention.251 In this regard, this Court’s case law has already indicated that these
remedies should not only exist formally in law, but must be effective.252
159. In this case, it has been verified that three applications for habeas corpus were filed
before the Constitutional Chamber of the Supreme Court of Justice: on November 10, 2000,
by Reyna Dionila Portillo in favor of Ana Julia and Carmelina Mejía Ramírez253 and by
Margarita de Dolores Rivera de Rivera in favor of José Rubén Rivera254 and, on October 16,
2002, by María Maura Contreras in favor of Gregoria Herminia, Serapio Cristian and Julia
Inés Contreras.255
160.
The body of evidence reveals that once the applications for habeas corpus
248
Article 7(6) of the Convention establishes that: “[a]nyone 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.”
249
Cf. Habeas Corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human
Rights). Advisory Opinion OC-8/87 Geoff January 30, 1987. Series A No. 8, paras. 33 and 34; Case of Vélez Loor,
supra note 13, para. 123, and Case of Anzualdo Castro, supra note 109, para. 77.
250
Cf. Case of Anzualdo Castro, supra note 109, para. 77, and Case of Vélez Loor, supra note 13, para. 123.
251
Cf. Advisory Opinion OC-8/87, supra note 249, para. 35; Case of Chitay Nech et al., supra note 98, para.
203, and Case of Blanco Romero et al. v. Venezuela. Merits, reparations and costs. Judgment of November 28,
2005. Series C No. 138, para. 104.
252
Cf. Case of Velásquez Rodríguez, supra note 23, para. 63; Case of Mejía Idrovo, supra note 19, para. 28,
and Case of Vélez Loor, supra note 13, para. 129.
253
Cf. Application for habeas corpus filed by Reina Dionila Portillo before the Constitutional Chamber of the
Supreme Court of Justice on November 10, 2000 (evidence file, volume III, attachment 22 to the application, folios
2318 to 2321).
254
Cf. Application for habeas corpus, supra note 83 (evidence file, volume VI, attachment 27 to the pleadings,
motions and evidence brief, folios 3918 to 3927).
255
Cf. Application for habeas corpus filed by María Maura Contreras before the Constitutional Chamber of the
Supreme Court of Justice on October 16, 2002 (evidence file, volume VII, attachment 37 to the pleadings, motions
and evidence brief, folios 4543 to 4547), and Decision issued by the Constitutional Chamber, supra note 70
(evidence file, volume III, attachment 13 to the application, folio 2186).
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