- 93 - Claudia Hernández Martínez, Norma Aidé Jiménez Osorio, Mariana Selvas Gómez, Suhelen Gabriela Cuevas Jaramillo, Georgina Edith Rosales Gutiérrez and María Patricia Romero Hernández remained in preventive detention for between 11 and 28 months,357 (supra para. 114). During this time, the State failed to undertake any review of the existence or persistence of reasons to keep them in preventive detention, the need and proportionality of the measure, or the reasonableness of the length of detention. A review of this type would have afforded the State the opportunity to correct the initial arbitrariness of the preventive detention. 257. By failing to undertake this assessment for between 11 and 28 months, as applicable, the State again violated the personal liberty of the defendants and, consequently, for yet another reason violated Article 7(1) and 7(3) of the American Convention, to the detriment of Claudia Hernández Martínez, Norma Aidé Jiménez Osorio, Mariana Selvas Gómez, Suhelen Gabriela Cuevas Jaramillo, Georgina Edith Rosales Gutiérrez and María Patricia Romero Hernández. B.4 Conclusion 258. On the basis of the foregoing considerations, the Court concludes that the initial detentions of the eleven women victims in this case were unlawful and arbitrary because: (i) the State failed to prove the supposed situation of flagrante delicto based on which they were originally detained, so that (ii) their detentions were implemented without observing the reasons and procedures established by domestic law, and (iii) in the context of collective detentions that were not necessary to guarantee any purpose permitted by the Convention, or proportionate, or responded to an adequate individualization of the conduct of each detainee. 259. In addition, because (i) they were not informed of the reasons for their detention or the charges against them; (ii) they were not guaranteed the right to be assisted by legal counsel of their own choosing or a public defender from the start of the investigations against them, and (iii) they were not allowed to communicate with their families or personal lawyer, this Court concludes that the State violated the right to be informed of the reasons for their detention and the right of defense of the eleven women represented in this case. 260. Meanwhile, the Court concludes that the measure of preventive detention was arbitrary because: (i) the measure did not respond to one of the two legitimate purposes established in the American Convention, which are: the need to ensure that the accused do not hinder the development of the proceedings or evade justice, and (ii) the State did not undertake the periodic reviews on the need to maintain the said measure. Therefore, the State violated the rights recognized in Articles 7(1) and 7(3) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of the eleven women. 261. Consequently, the Court concludes that the State violated the rights to personal liberty and the right of defense, recognized in Articles 7(1), (2), (3) and (4), and 8(2)(b), (d) and (e) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of Yolanda Muñoz Diosdada, Norma Aidé Jiménez Osorio, María Patricia Romero Hernández, Mariana Selvas Gómez, The facts acknowledged by the State reveal that Claudia Hernández Martínez was released on January 26, 2007, almost nine months after her detention. Norma Aidé Jiménez Osorio was released on April 16, 2007, more than 11 months after her detention. Mariana Selvas Gómez was released on April 30, 2007, almost a year after being detained. Suhelen Gabriela Cuevas Jaramillo and Georgina Edith Rosales Gutiérrez were released on June 2 and 4, 2007, respectively, 13 months after their detention. Finally, María Patricia Romero Hernández was released on August 29, 2008, after being sentenced to four years’ imprisonment and a fine equal to 205 days, and having received the benefit of commutation of the prison sentence. Cf. Judgment of the Third Criminal Trial Court of Texcoco of August 21, 2008 (evidence file, folios 41949 to 42335). 357

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