(…) there must be sufficient evidence to allow reasonable supposition that the person
committed to trial has taken part in the criminal offense under investigation. 189
Nevertheless “even in these circumstances, the deprivation of liberty of the accused cannot
be based on general preventive or special preventive purposes, which could be attributed to
the punishment, but [...] based on a legitimate purpose, which is: to ensure that the accused
does not prevent the proceedings from being conducted or elude the system of justice190.
105.
Accordingly, any decision by which the right to personal liberty is restricted through the
imposition of preventive detention must contain a sufficient and individualized statement of reasons for
assessing whether such detention is in conformity with the conditions necessary for its application.191
106.
On the other hand, Article 7.5 of the American Convention imposes time limits on the
duration of preventive detention and, consequently, on the powers of the State to protect the purposes of the
process by means of this type of precautionary measure. As the Inter-American Court has indicated, "when
the duration of preventive detention exceeds a reasonable time, the State can restrict the liberty of the
accused by other measures that are less harmful than deprivation of liberty by imprisonment and that ensure
his presence at the trial." 192 The Court has indicated that even if there are grounds for keeping a person in
preventive detention, the period of custody should not exceed a reasonable time.193
107.
As regards the need for a periodic review of the grounds for preventive detention and its
duration, the Court has indicated that
(...) a preventive detention or imprisonment must be subject to periodic review, so that it
does not continue when the reasons for its adoption cease to exist (...). Whenever it appears
that preventive detention does not satisfy these conditions, release must be ordered,
notwithstanding that the said trial is still ongoing194.
108.
In addition to its effects on the exercise of the right to personal liberty, both the Commission
and the Court have indicated that the improper use of preventive detention may have an impact on the
principle of presumption of innocence set forth in Article 8.2 of American Convention. In this respect, they
have emphasized the importance of the criterion of reasonableness, since keeping a person deprived of his
liberty beyond a reasonable time for the fulfillment of the purposes justifying his detention would in fact
amount to an anticipated penalty.195
189 I/A Court H.R. Case of Barreto Leiva v. Venezuela. Merits, Reparations and Costs. Judgment of November 17, 2009. Series C
No. 206. Para. 111. Citing. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 21, 2007. Series C No. 170, para. 101 and Case of Servellón García et al. v. Honduras. Merits, Reparations and Costs.
Judgment of September 21, 2006. Series C No. 152, para. 90.
190 I/A Court H.R., Case of Barreto Leiva v. Venezuela. Merits, Reparations and Costs. Judgment of November 17, 2009. Series C
No. 206. Para. 111. Citing: Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 21, 2007. Series C No. 170, para. 103; and Case of Servellón García et al. v. Honduras. Merits, Reparations and
Costs. Judgment of September 21, 2006. Series C No. 152, para. 90.
191
21.
IACHR. Report on the Use of Preventive Detention in the Americas. OEA/Ser.L/V/II. Doc. 46/13. December 30, 2013. Para.
192 I/A Court H.R. Case of Barreto Leiva v. Venezuela. Merits, Reparations and Costs. Judgment of November 17, 2009. Series C
No. 206. para.120.
193 I/A Court H.R. Case of Argüelles et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of November
20, 2014. Series C No. 288, para. 122.
194 I/A Court H.R. Case of Argüelles et al. v. Argentina. Preliminary Objections, Merits and Reparations. Judgment of November
20, 2014. Series C No. 288, para. 122, para.121.
195 IACHR. Report No. 2/97, Case 11.205, Merits, Jorge Luis Bronstein and others, Argentina, March 11, 1997, para. 12; IACHR.
Third Report on the Situation of Human Rights in Paraguay, OEA/Ser./L/VII.110. Doc. 52, adopted on March 9, 2001. Cap. IV, para. 34.
See also: I/A Court H.R. Case of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, para. 69; I/A Court H.R. Case of
Acosta Calderón v. Ecuador. Judgment of June 24, 2005. Series C No. 129, para. 111; I/A Court H.R. Case of Tibi v. Ecuador. Judgment of
September 7, 2004. Series C No. 114, para. 180; I/A Court H.R. Case of the "Juvenile Reeducation Institute" v. Paraguay.. Judgment of
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