include criteria concerning the limits to its duration. 504 This Court considers that the inclusion
of time limits for a detention is a safeguard against the arbitrariness of the deprivation of
liberty. 505
359. For its part, Article 7(5) of the Convention establishes that “[a]ny person detained
shall be brought promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to be released without prejudice
to the continuation of the proceedings. His release may be subject to guarantees to assure
his appearance for trial.”
360. In this regard, the Court recalls that the right to personal liberty “is accompanied by a
judicial obligation to process the criminal proceedings during which the accused is deprived
of his liberty with greater diligence and promptness.” 506
361. In cases involving pretrial detention in the context of criminal proceedings, the Court
has pointed out that this rule imposes time limits on the duration of such detention and,
consequently, on the powers of the State to ensure the purposes of the proceedings through
this precautionary measure. When the term of pretrial detention exceeds what is reasonable,
the State may limit the freedom of the accused with other less harmful measures that ensure
his appearance at trial, other than deprivation of liberty. 507
362. In other words, even when there are reasons to keep a person in pretrial detention,
Article 7(5) guarantees that he or she will be released if the period of detention has exceeded
a reasonable time. 508 Likewise, a detention or remand in custody must be subject to periodic
review, so that it is not prolonged when the reasons for its adoption no longer exist. In this
order of ideas, the judge does not have to wait until the moment of acquittal for a detained
person to regain his freedom, but must periodically assess whether the causes, necessity and
proportionality of the measure persist, and whether the period of detention has exceeded the
limits imposed by law and reason. Whenever it appears that the preventive detention does
not satisfy these conditions, release must be decreed, without prejudice to the continuation
of the respective process. 509
363. In the instant case, the Court notes that, based on Article 376 of the CCP, 510 the
Criminal Court of the First Judicial Circuit of San José ordered on September 7, 2000, the
In this regard, the European Court has indicated that: “The Court observes that the domestic law regulated in
detail ‘detention pending investigation’ in ordinary criminal proceedings and set specific time-limits for the pretrial
detention of criminal defendants. However, no provision was made in domestic law for a time-limit specifically applied
to detention ‘with a view to extradition’. The Court notes that in the absence of clear legal provisions establishing the
procedure for ordering and extending detention with a view to extradition and setting time-limits for such detention,
the deprivation of liberty to which the applicant was subjected was not circumscribed by adequate safeguards against
arbitrariness”. ECHR, Case of Garayev v. Azerbaijan, No. 53688/08. Judgment of June 10, 2010, Para. 99. See also,
ECHR, Case Ryabikin v. Russia, No. 8320/04. Judgment of June 19, 2008, para. 129.
505
Cf. Case of Wong Ho Wing v. Peru, supra, para. 255.
506
Cf. Case of Bayarri v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
October 30, 2008. Series C No. 187, para. 70, and Case of Wong Ho Wing v. Peru, supra, para. 268.
507
Cf. Case of Bayarri v. Argentina, supra, para. 70, and Case of Wong Ho Wing v. Peru, supra, para. 268.
508
Cf. Case of Bayarri v. Argentina, supra, para. 74, and Case of Argüelles et al. v. Argentina. Preliminary
objections, merits, reparations and costs. Judgment of November 20, 2014. Series C No. 288, para. 122.
509
Cf. Case of Bayarri v. Argentina, supra, para. 76, and Case of Argüelles et al. v. Argentina, supra, para.
121.
510
Article 376 of the Code of Criminal Procedure in force at the time established a procedure for processing
complex matters: “Admissibility. When the processing is complex due to the multiplicity of facts, the large number
of defendants or victims, or when it involves cases related to the investigation of any form of organized crime,
the court, ex officio or at the request of the Office of the Public Prosecutor, may authorize, through a reasoned
decision, the application of the special rules provided for in this Title […].” Cf. CCP Law No. 7594 (evidence file,
folio 28401).
504
116