34
108. The Court underscores that it is the national authorities who are responsible for
assessing the pertinence of maintaining the preventive measures they order under their
own laws. However, it is for the Court to assess whether the actions of these authorities are
in conformity with the precepts of the American Convention. To this end, it must examine
whether the judicial proceedings guaranteed not only the formal possibility of submitting
arguments, but also the form in which, substantively, the right to defense was manifested
as a real safeguard of the rights of the accused, which involve a reasoned and prompt
response by the authorities to the pleas. 150 In this regard, the decisions adopted by
domestic bodies that could affect human rights must be duly justified; otherwise, they are
arbitrary.151 The Court underscores that, when a person is detained, judges must not wait
until delivering an acquittal for him to recover his liberty, but must periodically assess
whether the reasons and purposes that justified the deprivation of liberty remain, whether
the preventive measure is still absolutely necessary to achieve these purposes, and whether
it is proportionate.152
109. In the instant case, the Court finds it unnecessary to examine whether Mr. Neptune
was informed of the reasons for his detention based on domestic laws, given that the
criminal proceedings were invalid and the detention itself has been classified as unlawful
and arbitrary. Even if the ordinary criminal courts had been competent, the Court considers
that, since the charges against Mr. Neptune were drawn up in the closing order 14 months
after his arrest, the State incurred in a clear violation of its obligation to notify the charges
“promptly” contained in Article 7(4) of the Convention. The relevant point is that, if a person
does not receive adequate information on the reasons for his detention, he does not know
what charges he must defend himself against, and consequently, judicial control becomes
meaningless.
110. Moreover, it has been established that Mr. Neptune was released two years and one
month after his arrest on “humanitarian grounds” and not based on a judicial decision that
assessed whether the reasons and purposes that justified depriving him of his liberty
subsisted, whether the preventive measure continued to be absolutely necessary to achieve
these purposes, and whether it was proportionate. In other words, there is no evidence that
the decision to release him was a motivated and prompt response of the authorities that
sought to provide a real safeguard for the rights of the accused; in particular, a substantive
guarantee of his right to defense. Hence, the charges against Mr. Neptune remained in
force, so that he continued to be susceptible of being detained, which could result in
arbitrariness.
111. Based on the above, the Court finds that the State violated Mr. Neptune’s right to be
taken before a judge “promptly” and to be tried within a reasonable time or released,
embodied in Article 7(4) and 7(5) of the American Convention.
150
Cf. Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para. 107.
151
Cf. Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para. 107; Claude Reyes et al. v. Chile.
Merits, reparations and costs. Judgment of September 19, 2006. Series C No. 151, para. 120, and Yatama v.
Nicaragua. Preliminary objections, merits, reparations and costs. Judgment of June 23, 2005. Series C No. 127,
para. 152. The European Court has indicated that judges must indicate the grounds on which they take their
decisions with sufficient clarity. Cf. Eur. Court H.R., Hadjianastassiou v. Greece, Judgment of 16 December 1992,
Series A No 252, paras. 22 and 23.
152
Cf. Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para.117.
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