116
242. The Court will now proceed to analyze Article 25, based on the proven facts
and the State’s acknowledgement of responsibility.
243. In Paraguay, the petition of generic habeas corpus filed in this case can be
used to seek rectification of circumstances that restrict liberty or that threaten
personal security; the purpose of that remedy is to protect the rights and guarantees
of lawfully detained persons whose predicament is exacerbated by the fact that they
are subjected to physical, psychological or moral violence. In the case sub judice,
the petition of generic habeas corpus was not filed in connection with the cases being
prosecuted against the inmates to determine the lawfulness of their detention;
instead, it was filed with regard to the conditions at the Center at which the inmates
were being detained. This remedy, therefore, is one that individuals have a right to
invoke under Article 25 of the Convention. The petition of habeas corpus described
the Center as a “medieval-style prison” that did not meet the minimum standards for
sanitation, privacy and hygiene, and was constantly overcrowded, fostering
promiscuity and violence. The inmates endured deprivations of all kinds and lived in
inhumane conditions.
244. The analysis of the alleged violation of Article 25 of the Convention will be
done from two perspectives: a) the effectiveness of the remedy of generic habeas
corpus filed on November 12, 1993, which includes the speed at which a decision on
this petition was forthcoming; and b) the State’s compliance with the writ of habeas
corpus.
a)
The effectiveness of the remedy of generic habeas corpus
245. In its Advisory Opinion OC-9/87, the Court held that for a remedy to exist, “it
must be truly effective in establishing whether there has been a violation of human
rights and in providing redress.”196 Clearly, a remedy will not be “truly effective” if it
is not decided within a time frame that enables the violation being claimed to be
corrected in time.
246. On the subject of habeas corpus, Article 133 of Paraguay’s 1992 Constitution
provides that habeas corpus “proceedings shall be swift, summary and gratis.” In
this regard, Paraguay’s own Supreme Court ruled that “inasmuch as this is a
constitutional guarantee invoked precisely in order to defend an individual’s human
rights, it is immediately exigible.”
247. It has been established (supra para. 134.27) that on November 12, 1993, a
petition of generic habeas corpus was filed to seek judicial relief against the
detention conditions under which the inmates at the Center at that time were living
and to petition the court to order them relocated to proper facilities. It has also been
established (supra para. 134.28) that the Civil and Commercial Law Judge of First
Instance, Ninth Rotation, granted the petition of habeas corpus on July 31, 1998; in
other words, almost five years after it had been filed. By whatever standard is used
to determine whether a remedy was swift, the Court can only conclude that the
196
Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8 American Convention on
Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24. See also, Case of
the “Five Pensioners”, supra note 55, para. 136; Case of Cantos, supra note 59, para. 52; and Case of
Ivcher Bronstein. Judgment of February 6, 2001. Series C No. 74, paragraphs 136-137.
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