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B.3 The arbitrary nature of the preventive detention
250. In this section, the Court will analyze whether the order of preventive detention issued on
May 10, 2006, against the presumed victims by the Second Criminal Trial Court of Toluca in the
context of cases 95/2006 and 96/2006 was in keeping with the Convention.348
251. This Court has indicated that, for deprivation of liberty not to become arbitrary, it must
meet the following standards: (i) its purpose must be compatible with the Convention; (ii) it must
be appropriate to meet the stated purpose; (iii) it must be necessary; in other words, it must be
absolutely essential to achieve the desired purpose and there is no less severe measure in
relation to the right affected; (iv) it must be strictly proportionate, so that the sacrifice inherent in
the restriction of the right to personal liberty is not exaggerated or disproportionate in relation to
the advantages obtained by this restriction and compliance with the purpose sought, and (v) any
restriction of personal liberty that is not based on sufficient justification, permitting an evaluation
of whether it is in keeping with the conditions indicated, will be arbitrary and, therefore, will
violate Article 7(3) of the Convention.349 The Court also reiterates that the only legitimate purpose
for the deprivation of liberty of the accused is to ensure that he or she will not hinder the
development of the proceedings or evade justice. 350 Risks to the proceedings should not be
presumed, but must be verified in each case, based on real and objective circumstances relating
to the specific case.351
252. In the instant case, the Court notes that, on none of the 346 pages that compose the order
of preventive detention issued by the Second Criminal Trial Court on May 10, 2006, in criminal
proceeding 96/2006, subjecting ten of the eleven women victims in this case to preventive
detention, is there a mention of the need to order this measure or the purpose of preventing
Yolanda Muñoz Diosdada, Ana María Velasco Rodríguez and María Cristina Sánchez Hernández were detained on May
3. The same day, the SPEM16 opened preliminary inquiry TOL/MD/I/330/2006. On May 7, 2006, they were brought before
the Second Criminal Trial Court of Toluca for the offenses of attacks on highways and means of transportation, felony
kidnapping, and organized crime. Norma Aidé Jiménez Osorio, Mariana Selvas Gómez, Georgina Edith Rosales Gutiérrez,
Suhelen Gabriela Cuevas Jaramillo, Bárbara Italia Méndez Moreno, Angélica Patricia Torres Linares and Claudia Hernández
Martínez were detained on May 4. The same day, the SPEM19 opened preliminary inquiry TOL/MD/III/332/2006. On May
7, 2006, they were brought before the Second Criminal Trial Court of Toluca for the offense of felony kidnapping and its
consequences. On May 10, in the context of criminal proceedings 96/2006, preventive detention was ordered for ten
women, while awaiting trial for the offense of attacks on highways and means of transportation, as well as for felony
kidnapping in the case of Suhelen Gabriela Cuevas Jaramillo. In addition, María Patricia Romero Hernández was detained
on May 3. The same day, the SPEM9 opened preliminary inquiry TEX/AMOD/III/603/2006. On May 4, 2006, she was
brought before the Second Criminal Trial Court of Toluca for the offenses of carrying a prohibited weapon, assault and
malicious injury. On May 10, 2006, in the context of criminal proceedings 95/2006, her preventive detention was ordered
while awaiting trial for the offenses of carrying a prohibited weapon and injury. Cf. CNDH Recommendation No. 38/2006 of
October 16, 2006 (evidence file, folios 28923, 29139, 29201, 29389, 29456, 29761, 29780, 29781, 29851, 29852,
29921, 29996 and 30078); order on the constitutional time limit of the preventive detention of the victim, María Patricia
Romero Hernández (evidence file, folios 32110, 32111 and 32238), and order on the constitutional time limit of the
preventive detention of several victims (evidence file, folios 32242 to 32252 and 32580 to 32583).
348
Cf. Case of García Asto and Ramírez Rojas v. Peru. Judgment of November 25, 2005. Series C No. 137, paras. 128
and 129, and Case of Amrhein v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of April 25,
2018. Series C No. 354, para. 356.
349
Cf. Case of Servellón García. Judgment of September 21, 2006. Series C No. 152, para. 90, and Case of Amrhein et
al. v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of April 25, 2018. Series C No. 354,
para. 353.
350
Cf. Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009. Series C No.
206, para. 115, and Case of Wong Ho Wing v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
June 30, 2015. Series C No. 297, para. 250.
351