68. Therefore, the Commission concluded that the State had violated Articles 7(1),
7(2), 7(4) and 7(5) of the American Convention, read in conjunction with Article 1(1)
thereof.
69. The representative agreed “completely” with the Commission’s assertions in its
Merits Report, and claimed that the detention also violated Article 2 of the American
Convention, though he failed to present any arguments to that effect.
70. The State maintained that it was not true that no competent authority had ordered
Mr. López’s arrest. Under the Organizational Law of the National Police –Law 222/93– it
was lawful at the time of the events to restrict the freedom of movement of a police
officer for a period of between five and thirty days. In this specific case, the State argued
that the police disciplinary justice system had initiated an administrative investigation
against Mr. López and ordered his arrest as a “safety measure” on May 19, 2000, by
means of Order no. 62/2000, all pursuant to the Organizational Law of the National
Police and its regulations in force at the time. It added that this preventive arrest was
also provided for under Articles 14, 51, and 54 of the National Police’s Disciplinary
Regulations. Consequently, the State concluded that the arrest warrant issued in the
case of the alleged victim was compatible with “the written order from a competent
authority” required under the Political Constitution. Therefore, it asked the Court to
declare that the State had not violated Article 7(2) of the Convention.
71. The State added that Mr. López was investigated, charged and indicted under the
administrative investigation entitled “Miguel Corrales, Hermes Rafael Saguier and others,
for punishable acts committed against the existence of the State and the constitutional
order.” As part of the investigation, the alleged victim appeared before the prosecutor
assigned to the case to give an investigative statement on May 26, 2000, in the presence
of his defense attorney. The prosecutor issued Decision No. 25 of May 27, 2000, in which
he ordered Mr. López’s detention on criminal charges under Article 240 of the Code of
Criminal Procedure. The State noted that Mr. López again enjoyed his right to a defense
and to be heard on May 31, 2000, when a hearing was held before a criminal court judge
to consider the appropriateness of preventive detention in the case against him.
B. Considerations of the Court
B.1 General considerations with regard to the right to personal liberty
72. The Court holds that the essence of Article 7 of the American Convention is the
protection of the liberty of the individual against any arbitrary or illegal interference by
the State. 125 The Court has also held this article contains two kinds of regulations, one
general, the other specific. The general one is contained in the first subparagraph:
“[e]very person has the right to personal liberty and security”; while the specific one is
contained in subparagraphs 2 to 7 and is composed of a series of guarantees that protect
the right not to be deprived of liberty unlawfully (Art. 7(2)) or in an arbitrary manner
(Art. 7(3)), to be informed of the reasons for the detention and the charges brought
against him (Art. 7(4)), to judicial control of the deprivation of liberty and the reasonable
length of time of the remand in custody (Art. 7(5)), to contest the lawfulness of the
arrest (Art. 7(6)), and not to be detained for debt (Art. 7(7)).
125
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 84, and Case of Aroca Palma et al. v. Ecuador. Preliminary
objection, merits, reparations and costs. Judgment of November 8, 2022. Series C No. 471, para. 78.
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