23 […] 54. The second Principle of the United Nations’ Body of Principles for the Protection of All People Submitted to Any Form of Detention or Imprisonment states that the arrest, detention, or imprisonment will only be carried out in strict compliance of the law and by the competent officials or the people authorized to do so.55 55. On its part, the fourth Principle of the same international instrument states that [a]ll form of detention or imprisonment and all measures that affect the human rights of the people submitted to any form of detention or imprisonment must be ordered by a judge or other authority, or remain subject to the effective control of a judge or another authority.56 56. This Court has indicated that the protection of freedom safeguards “both the physical liberty of the individual and his personal safety, in a context where the absence of guarantees may result in the subversion of the rule of law and deprive those detained of the minimum legal protection.”57 57. The Court has also stated, regarding subparagraphs 2 and 3 of Article 7 of the Convention, related to the prohibition of illegal detentions or arrests, that: [a]ccording to the first of these regulatory provisions [Article 7(2) of the Convention], no one shall be deprived of his personal liberty except for reasons, cases or circumstances specifically established by law (material aspect) but, also, under strict conditions established beforehand by law (formal aspect). In the second provision [Article 7(2) of the Convention], we have a condition according to which no one shall be subject to arrest or imprisonment for causes or methods that – although qualified as legal – may be considered incompatible with respect for the fundamental rights of the individual, because they are, among other matters, unreasonable, unforeseeable or out of proportion.58 58. The Ecuadorian Constitution in force at the time of the arrest of the alleged victim indicated in its Article 19(17)(h) that: nobody would be imprisoned except in virtue of a written order from a competent authority, in the cases, for the time, and with the formalities established by law, except in the case of a crime detected in the act, in which case they may not be held without form of trial for more than 24 hours […] 59. On its part, the Code of Criminal Procedures of Ecuador of 1983, in force at the time of the facts, indicated in its Article 174 that: [i]n case of a crime detected in the act any person could capture the perpetrator and take him before the Competent Judge or an Agent of the National Police or Judicial Police. In 55 U.N., Body of Principles for the Protection of All People Submitted to Any Form of Detention or Imprisonment, Adopted by the General Assembly in its determination 43/173, of December 9, 1998, Principle 2. 56 U.N., Body of Principles for the Protection of All People Submitted to Any Form of Detention or Imprisonment, supra note 55, Principle 4. 57 Cfr. Case of Tibi, supra note 6, para. 97; Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, para. 82; and Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No. 103, para. 64. 58 Cfr. Case of Tibi, supra note 6, para. 98; Caso of the Gómez Paquiyauri Brothers, supra nota 57, para. 83; and Case of Maritza Urrutia, supra note 57, para. 65.

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