105
be held in preventive detention in both cases, said officer cannot review the legality
of his own orders. Consequently, the requirements laid down in Article 7(5) of the
Convention were not met by Mr. Palamara-Iribarne’s being brought before the Office
of the Magallanes Naval Prosecutor.
*
*
*
224. Moreover, under Article 7(4) of the Convention, anyone who is detained shall
be informed of the reasons for his detention and promptly notified of the charge or
charges against him. In turn, Article 8(2)(b) requires that notification to the accused
of the charges against him be “prior and in detail.”
225. Article 8(2)(b) of the American Convention requires that the competent judicial
authorities notify the person held in detention of the charges against him, the
reasons therefor and the crimes for which he is being prosecuted, prior to the
proceeding.221 For this right to be fully enforced and satisfy the purposes for which it
is intended, it is necessary that such notice be given before the person held in
detention provides his first statement.222 Moreover, the Court finds that the
enforcement of this guarantee is to be specially taken into consideration when taking
measures that restrict the right to personal liberty, as in the instant case.
226. It is a proven fact that on the night of March 1, 1993, Mr. Palamara-Iribarne
was arrested by the military authorities who seized those copies of his book he kept
at home, even though the case file contains no record of an arrest warrant being
notified to him. Once taken to the Clerk’s Office of the Office of the Magallanes Naval
Prosecutor, the Prosecutor “immediately scheduled an interview” to take Mr.
Palamara-Iribarne’s statement on the grounds that doing so “was necessary,”
without stating the purpose of such statement (supra para. 63(21)). The taking of
such statement went on until 12:40 a.m. on March 2, 1993.
227. During the seizing of books on the night of March 1, 1993, Mr. PalamaraIribarne was arrested without being notified of the reasons therefor or the charges
against him. Furthermore, Mr. Palamara-Iribarne’s first statement to the military
authorities was taken by the Naval Prosecutor while he was being held at military
premises even though the Prosecutor did not give him prior detailed notice of the
charges against him before taking such statement (supra para. 63(21)). This means
that Mr. Palamara-Iribarne provided his first statement without being first given prior
notice of the crimes he was being charged with, and the State thus violated Articles
7(4) and 8(2)(b) of the Convention.
*
*
*
221
Cf. Case of Acosta-Calderón, supra note 189, para. 118; Case of Tibi, supra note 206, para. 187.
Also, see U.N. Human Rights Committee. General Comment No. 13, on “Equality before the courts and the
right to a fair and public hearing by an independent court established by law (Article 14),” paragraph 8.
222
187.
Cf. Case of Acosta-Calderón, supra note 189, para. 118; and Case of Tibi, supra note 206, para.
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