violation of paragraphs 2 to 7 of Article 7 of the Convention will necessarily result in the
violation of Article 7(1).129
77. The State recognized the violation of personal liberty, equality, and nondiscrimination, so there is no dispute in this regard. However, in order to analyze the scope
of Argentina's international responsibility in relation to the obligation to adopt measures of
domestic law, a legal analysis of these violations must be carried out, focusing on 1) analysis
of the applicable legal framework and of the legality of the detention and 2) analysis of the
arbitrariness of the detention and its relationship with the principle of equality and nondiscrimination.
B.1. Analysis of the applicable legal framework and the legality of the detention
78. According to the police account, the arrest and detention of José Delfín Acosta Martínez
was carried out in application of the Police Edict on Drunkenness.130 Thus, it is based on
these regulations and the procedural regulations applicable at the time of the facts in the
City of Buenos Aires that it must be analyzed whether the requirements established by
Article 7(2) of the Convention were met.131
79. Article 7(2) recognizes the main guarantee of the right to physical liberty: the legal
exception, according to which the right to personal liberty can only be affected by a law.132
This legal exception entails, first, a formal guarantee, in the sense that all restrictions on
liberty must emanate from a “general legal norm tied to the general welfare, passed by
democratically elected legislative bodies established by the Constitution, and formulated
according to the procedures set forth by the constitutions of the States Parties for that
purpose.”133 But second, it also has a material aspect, the prior definition principle, which
obliges the States to establish, as specifically as possible and “beforehand,” the “reasons”
and “conditions” for the deprivation of physical liberty.134 Thus, the Convention itself refers
to the domestic law of the State in question in order to analyze compliance with Article 7(2).
This does not mean that the Court ceases to rule in accordance with the Convention, nor
that it plays the role of performing constitutional or legal review with regard to domestic
law.135 It only means control of international treaty obligations, under the auspices also of
Articles 1(1) and 2 of the Convention.
Cf. 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. 54, and Case of Azul Rojas Marín et al.
v. Peru, supra, para. 100.
129
Statement given to the chief of the police station by Duty Officer B.L.B on April 8, 1996 (evidence file,
folio 55).
130
Article 7(2)(2). No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.
131
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 56; and Case of Carranza
Alarcon v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of February 3, 2020.
Series C No. 399, para. 61.
132
The Word "Laws" in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86
of May 9, 1986. Series A No. 6, para. 27.
133
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 57; and Case of Carranza
Alarcon v. Ecuador, supra, para. 61.
134
135
Cf. Case of Azul Rojas Marín et al. v. Peru, supra, para. 110.
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