30 E) RIGHT TO BE TRIED WITHIN A REASONABLE TIME OR TO BE RELEASED 140. The Commission stated that the time that Messrs. Chaparro and Lapo spent in custody disregarded their right to be tried within a reasonable time or to be released, in accordance with the provisions of Article 7(5) of the Convention. The State did not submit specific arguments on this point. 141. Mr. Lapo was released on May 25, 1999,83 one year, six months and eleven days after his arrest, because the judge in the case ordered a temporary stay of proceedings. Mr. Chaparro was released on August 18, 1999,84 one year, nine months and five days after his arrest, owing to the 1998 constitutional reform which limited the time a person could be remanded in custody.85 142. Article 7(5) of the Inter-American Convention establishes that any person detained “shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings.” Since the remand in custody of the Messrs. Chaparro and Lapo was arbitrary, the Court does not find it necessary to consider whether the time that elapsed exceeded a reasonable time.86 VIII ARTICLE 8 (RIGHT TO A FAIR TRIAL) 87 IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE INTER-AMERICAN CONVENTION 83 Cf. court order issued on May 25, 1999, by the Guayas Twelfth Criminal Court (file of appendixes to the application, appendix 22, folios 1101 and 1102). 84 Cf. court order issued on August 18, 1999, by the Guayaquil Superior Court of Justice (judicial case file, volume 79, folio 10,346). 85 Article 24.8 of the 1998 Constitution establishes the following: Article 24. To ensure due process of law, the following basic guarantees shall be observed, with detriment to others that the Constitution establishes, international instruments, the laws or case law: […] 8. Preventive detention may not exceed six months in the cases for crimes punishable by prison (prisión), or one year in crimes punishable with imprisonment (reclusion). If these periods are exceeded, the order for preventive detention is annulled, under the responsibility of the judge hearing the case. In any case, and without any exception, once the judicial acquittal or dismissal of the case has been issued, the person detained shall immediately recover his liberty, without prejudice to any pending recourse or consultation. 86 Cf. Case of Tibi, supra note 43, para. 120. 87 The relevant provisions of Article 8 of the Convention establish that: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b) prior notification in detail to the accused of the charges against him; c) adequate time and means for the preparation of his defense;