52
protection of personal or physical liberty, by means of the judicial mandate addressed to 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.262 The Court has considered that the remedy of habeas corpus, or the presentation of the
person, is the ideal measure to guarantee liberty, monitor respect for life and personal integrity, and
prevent an individual’s disappearance or uncertainty about his place of detention.263 In this regard,
the Court’s case law has established that these remedies should not only exist formally in law, but
should also be effective.264 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,265 the Court
finds that, in application of the iura novit curia principle, which is repeatedly validated by international
case law inasmuch as the judge has the authority, and even the obligation, to apply the pertinent
legal provisions in a case, even when it is not expressly invoked by the parties,266 it is appropriate to
assess the arguments related to the effectiveness of the habeas corpus actions in relation to the
aforementioned provision, and not in relation to Article 25 of the Convention, as alleged by the
representatives and the Commission and recognized by the State.
163. In the instant case, five habeas corpus actions were filed before the Constitutional Chamber
of the Supreme Court, one for each of the victims of forced disappearance, namely: on October 16,
2002, by Alfonso Hernández Herrera on behalf of José Adrián Rochac Hernández 267; on October 17,
2002, by María Adela Iraheta on behalf of Santos Ernesto Salinas;268 on November 15, 2002 by María
Adela Hernández on behalf of Emelinda Lorena Hernández;269 on December 25, 2002 by María de los
Ángeles Osorio on behalf of Manuel Antonio Bonilla;270 and on February 18, 2002, by Petronila Abarca
Alvarado on behalf of Ricardo Abarca Ayala.271
164. The body of evidence reveals that once the applications for habeas corpus proceedings had
been admitted, an executing judge was appointed for each case. As to the measures taken in the
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 on his behalf
is entitled to seek these remedies.”
Cf. Habeas Corpus under Suspension of Guarantees (Arts. 27(2), 25(1) and 7(6) American Convention on Human
Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A. No. 8, paras. 33 and 34, and Case of Contreras et al. v. El
Salvador, supra, para. 157.
262
Cf. Habeas Corpus under Suspension of Guarantees (Arts. 27(2), 25(1) and 7(6) American Convention on Human
Rights). Advisory Opinion OC-8/87, supra, para. 35, and Case of García and Family v. Guatemala, supra, para. 142.
263
Cf. Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs. Judgment of November 23,
2010. Series C No. 218, para. 129, and Case of Contreras et al. v. El Salvador, supra, para. 158.
264
Cf. Case of Anzualdo Castro v. Peru, supra, para. 77; Case of Vélez Loor v. Panama, supra, para. 123, and Case of
Contreras et al. v. El Salvador, supra, para. 157.
265
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 163, and case Suárez Peralta v. Ecuador. Preliminary
objections, merits, reparations and costs. Judgment of May 21, 2013. Series C No. 261, para. 92.
266
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court filed by Alfonso Hernández Herrera
on October 16, 2002 (evidence file, volume IV, annex 11 to the submission of the case, folios 1890 to 1893).
267
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court filed by María Adela Iraheta on
October 17, 2002 (evidence file, volume IV, annex 13 to the submission of the case, folio 1897).
268
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court filed by María Adela Hernández on
November 15, 2002 (evidence file, volume V, annex 23 to the pleadings, motions and evidence brief, folio 2367).
269
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court filed by María de los Ángeles Osorio
on December 25, 2002 (evidence file, volume V, annex 27 to the pleadings, motions and evidence brief, folio 2381).
270
Cf. Writ of habeas corpus before the Constitutional Chamber of the Supreme Court filed by Petronila Abarca Alvarado
on February 18, 2002 (evidence file, volume V, annex 31 to the pleadings, motions and evidence brief, folio 2438).
271