the accused and his defense counsel is a requirement for the validity of the hearing in which the
request for pre-trial detention is decided. Once the grounds for the request have been indicated by the
person making it, the court must always hear the defense counsel, the other parties if they are present
and wish to intervene, and the accused.
Article 143. Decision on pre-trial detention. At the conclusion of the hearing, the court shall rule on the
pre-trial detention by a reasoned decision, in which it states clearly the information that justifies the
decision.
Article 144. Modification and revocation of pre-trial detention. The decision that orders or rejects pretrial detention may be modified ex officio or at the request of any of the parties at any stage of the
proceedings. When the accused requests the revocation of pre-trial detention, the court may reject it
outright; also, it may summon all the parties to a hearing in order to discuss whether the
circumstances that authorized the measure subsist. In any case, it shall be obliged to conduct the latter
procedure when two months have passed since the last oral hearing in which the pre-trial detention
was ordered or maintained. […]
Article 145. Substitution of pre-trial detention and review ex officio. At any time during the
proceedings, the court, ex officio or at the request of one of the parties, may substitute pre-trial
detention by any of the measures that are established in the provision of paragraph 6 of this Title
[Other personal precautionary measures]. When six months has passed since pre-trial detention was
ordered or since the last oral hearing in which this was decided, the court shall ex officio convene a
hearing in order to consider whether to conclude them or to continue them.
Article 146. Surety to replace pre-trial detention. When the pre-trial detention has been or must be
imposed in order to ensure the appearance of the accused at the trial and the eventual execution of the
sentence, the court may authorize its replacement by a sufficient financial surety, and shall establish
the amount.. […]
[…]
Article 149. Remedies related to the measure of pre-trial detention. The decision that orders,
maintains, denies its admissibility or revokes pre-trial detention may be appealed when it has been
delivered in a hearing. In the other cases, it shall not admit any remedy.
Article 150. Execution of the measure of pre-trial detention. […] The accused shall be treated as if he
were innocent at all times. Pre-trial detention shall be implemented so that it does not acquire the
characteristics of a punishment, or lead to restrictions other than those that are necessary to avoid
flight and to ensure the safety of the other inmates, and of the persons who carry out functions or for
any other reason are on the premises. […]
[…]
Article 154. Court order. All orders for pre-trial detention or arrest shall be issued in writing by the
court and shall contain: […] (b) the reason for the arrest or detention […].
C)
Considerations of the Court
306.
The legal analysis of this alleged violations will be divided into the following parts:
a)
General considerations on personal liberty, pre-trial detention, and presumption of
innocence, and
b)
Examination of the alleged violations:
i. Pre-trial detention imposed on Víctor Manuel Ancalaf Llaupe;
ii. Pre-trial detention imposed on Jaime Marileo Saravia, Juan Patricio Marileo
Saravia, Juan Ciriaco Millacheo, José Huenchunao Mariñán and Patricia Troncoso
Robles
iii. Pre-trial detention imposed on Aniceto Norín Catrimán and Pascual Pichún
Paillalao.
1. General considerations on personal liberty, pre-trial detention, and
presumption of innocence
a)
307.
Pre-trial detention in the American Convention
The pertinent provisions of the American Convention are as follows:
108
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