- 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