138. As regards the case of Reyes Alpízar Ortiz, the State affirmed that, at the time of his arrest
on October 25, 2002, he was informed that he had been detained for the offense of bribery in
flagrante delicto, although it is not clear whether he was given information about the other crimes
for which he was arrested. Similarly, Reyes Alpízar Ortiz stated that he was arrested “without a
word, without a summons or arrest warrant when he was on [his] way home” and that he was
“put into private vehicles by several armed individuals dressed in civilian clothes.” 168 Furthermore,
the agents of the PGJEM’s Special Operations Group who made the arrest did not mention in their
statements the fact that Reyes Alpízar Ortiz had been informed of the reasons for his arrest. 169 In
view of this, the Court concludes that the State violated the right to be informed of the reasons
for detention recognized in Article 7(4) of the Convention to the detriment of Reyes Alpízar Ortiz.
B.2. The right to be brought promptly before “a judge or other official authorized by law to
exercise judicial functions”
139. With respect to the alleged violation of the right to be brought promptly before a judicial
authority, the Court recalls that Article 7(5) of the Convention requires that a detained person “be
brought” before “a judge or other officer authorized by law to exercise judicial power.” This implies
that the judge must hear the detainee in person and consider all the explanations provided by the
latter, in order to decide whether to release him or to maintain the deprivation of liberty. 170 On
this point, it should be recalled that immediate judicial oversight is a measure designed to prevent
arbitrary or unlawful detentions, bearing in mind that in a State governed by the rule of law it is
the responsibility of the judge to guarantee the rights of the detained person, authorizing the
adoption of precautionary or coercive measures when strictly necessary and, in general, ensuring
that the accused is treated in a manner consistent with the presumption of innocence. 171
140. In the instant case, the State did not dispute the fact that Daniel García Rodríguez was
brought before a judicial authority for the first time on April 11, 2002, that is, 47 days after his
arrest on February 25, 2002. Likewise, the State did not deny the fact that Reyes Alpízar Ortiz was
brought before a judicial authority for the first time on November 28, 2002, that is, 31 days after
his arrest on October 28, 2002 (supra para. 77).
141. Therefore, in the opinion of this Court, Daniel García Rodríguez and Reyes Alpízar Ortiz were
brought before a judge for the first time on terms that do not comply with the provisions of Article
7(5) of the American Convention, which clearly requires that a detained person “be brought promptly
before a judge or other officer authorized by law to exercise judicial power” to determine their
situation. Given that it is not reasonable to infer that 47 days and 31 days in detention without being
brought before a judge complies with this provision of the American Convention, the Court finds that
Article 7(5) of the American Convention was violated to the detriment of Reyes Alpízar Ortiz and
Daniel García Rodríguez.
168
Affidavit rendered by Reyes Alpízar Ortiz (evidence file, folios 993 et seq.).
Cf. Government of the state of Mexico. Attorney General’s Office. Special Operations Group. File ATI/II/3672/01.
Matter: Person remanded in custody. Tlalnepantla de Baz, October 25, 2002 (evidence file, folio 827).
169
Cf. Case of Chaparro Álvarez and Lapo Iñiguez v. Ecuador. Preliminary objections, merits, reparations and costs,
supra, para. 85, and Case of Villarroel Merino et al. v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of August 24, 2021. Series C No. 430, para. 105.
170
171
Cf. Case of Chaparro Álvarez and Lapo Iñiguez v. Ecuador, Preliminary objections, merits, reparations and costs,
supra, para. 81, and Case Pollo Rivera v. Peru. Merits, reparations and costs. Judgment of October 21, 2016. Series C No.
319, para. 103.
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