42
the judicial proceeding, and therefore the existence of a violation of Article 7(5) of the
Convention is not proven.
*
*
*
92.
In relation to the right of all detainee to appear before a competent judge or
court, enshrined in Article 7(6) of the Convention, the Court has considered that “the
proceedings of habeas corpus and legal protection are judicial guarantees essential for
the protection of several rights whose suspension is reserved by Article 27(2) and they
also help to preserve legality in a democratic society.”90
93.
According to the facts, the alleged victim presented several recourses with the
objective of obtaining the annulment of the preventive detention and being granted his
freedom, including that of habeas corpus (supra paras. 54(24), 54(34), and 54(36)),
which were unsuccessful.
94.
In what refers to the habeas corpus, in the present case Mrs. Teresa Reyes
presented it on behalf of Mr. Alfredo López Álvarez, on July 20, 2001, to “obtain the
personal liberty of the aggrieved party[…].” Said recourse was based on the fact that
“there had been an unjustified delay in the processing of the criminal case against
[the] injured party[…] and based on that she state[d] that his imprisonment had
become illegal,” since “as of the date on which the accused was placed in legal
custody, until [the moment at which the habeas corpus was presented] more than 50
months had gone by, situation that was made worse with the judgment of nullity
issued by the […] [Appellate] Court [of la Ceiba issued on May 2, 2001]” (supra paras.
54(33) and 54(34)).
95.
On July 23, 2001 the Appellate Court of la Ceiba declared “said recourse
inadmissible[,] considering it out of order.” In this regard, it limited itself to stating
that the statement of nullity “did not constitute a violation [of] the constitutional
guarantees,” and that “nothing else indicated that the alleged aggrieved parties we[re]
illegally detained or that they we[re] being object of abuses or burdens by any
authority” (supra para. 54(35)).
96.
The analysis by the competent authority of a judicial recourse that debates the
legality of the imprisonment can not be reduced to a mere formality, instead it must
examine the reasons invoked by the claimant and make express statements regarding
the same, according to the parameters established by the American Convention.
97.
When examining the habeas corpus the Appellate Court omitted going on record
regarding that argued by the alleged victim in the sense that the arrest term was
excessive and could constitute a violation of the Convention. This omission shows that
the recourse was not effective, in this specific case, in fighting the alleged violation.
98.
The Court considers that the different remedies presented in said process were
not effective in terminating the preventive detention and obtaining the alleged victim’s
freedom.
90
Cf. Case of García-Asto, supra note 7, para. 112; Case of Acosta-Calderón, supra note 18, para. 90,
and Case of Tibi, supra note 80, para. 128.
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