216. However, in this case there is dispute regarding the alleged facts of the detention, since
the representatives and the State presented different versions. According to Mr. Valenzuela,
he was first detained on May 27, 1998, by PNC officials dressed in civilian clothes, around 1:45
p.m., who took him to the Olintepeque Quetzaltenango Summit, where he was subjected to
violence to obtain information regarding the crime of which the prosecutor SJR had been a
victim. Subsequently, he was taken back to his home to carry out a search, during which a
state agent entered the home with a sack containing the weapons and claimed he was in
possession of the weapons that they "planted." The other version is that of the State, which
does not refer to the detention described by Mr. Valenzuela, but rather part of the search
carried out and the seizure of large caliber weapons found in his home as the reason for his
detention. (supra paras. 73 and 74).180
217. Regarding the aforementioned dispute, the body of evidence submitted to this Court
does not have sufficient elements to conclude that Mr. Valenzuela had indeed been detained,
before the search, on May 27, 1998, and therefore it will not analyze the allegations of the
representatives regarding this detention.
218. Having resolved the above, it is up to the Court to analyze whether, based on the
events that occurred after the arrest following the search, Mr. Valenzuela was promptly
brought before a judge or other competent official to guarantee his rights, and if applicable,
said omission can be attributed to the State in violation of the American Convention. 181
219. It has been shown that Tirso Román Valenzuela Ávila, after the search carried out at
his home, between 4:55 p.m. and 5:50 p.m., on May 27, 1998 (supra footnote 40), as stated
in the official letter No. 1709-98 (supra para. 73), was detained by state agents to be
transferred to the Quetzaltenango Men's Preventive Detention Center. Although there is no
record of his admission to said center, it is not a disputed fact that he was admitted in the
early morning hours of May 28, 1998. By this time, several hours had already elapsed after
Mr. Valenzuela's detention had been carried out. at the end of the search on May 27, 1998.
According to the State, on May 28, 1998, the “judicial statement” by Mr. Valenzuela was
received by a judge,182 and on May 29, 1998, the Second Criminal Court of First Instance of
Quetzaltenango, issued a preventive detention order. The representatives argued that for the
first time, on the last date indicated, a judge heard Mr. Valenzuela Ávila.
220. Based on the foregoing, it is evident that Mr. Valenzuela Ávila's constitutional right
established in Article 6 of the Political Constitution to be placed at the disposal of the
competent judicial authority within a period not exceeding six hours was not respected (supra
para. 213), since he was not brought before a competent judge to verify the legality of his
detention. In other words, a judicial control was not carried out without delay, taking into
account that the constitutionally determined period of 6 hours, for May 28 or 29, in which Mr.
Valenzuela would have been brought before a competent authority, had already been
exceeded. Therefore, this Court considers that the State failed to comply with its duty to bring
Mr. Valenzuela before a judge or official authorized by law, in violation of the right to personal
On repeated occasions, the Court requested the State to submit evidence to decide on “documents related
to the arrest warrant [of the victim] and all the proceedings that were issued” in this regard were not presented
(supra citation footnote 22).
181
In order for a violation of the American Convention to be established, the acts or omissions that caused
said violation must be attributable to the respondent State. These acts or omissions can be of any power or organ of
the State, regardless of its place in the hierarchy. Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru.
Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, para. 79, and
Case of Arrom Suhurt et al. v. Paraguay, supra, para. 94.
182
It should be noted that in said proceedings, Mr. Valenzuela refrained from testifying. Cf. Report of the State
of Guatemala to the Inter-American Commission on Human Rights, supra.
180
53