82. Therefore, this Court considers that the sole criterion of the existence of indications that
permitted a reasonable supposition that the individual subjected to the proceedings had taken part
in the wrongful act investigated is not sufficient to justify imposing a measure of deprivation of
liberty. Rather, it is essential to have recourse to elements that relate to the legitimate purpose of
the measure – that is, the possible obstruction of the normal development of the criminal proceedings
or the possibility of evasion from the action of justice – that lead to the conclusion that the measure
of preventive detention is necessary and proportionate to the objective pursued.81 On this basis, the
Court concludes that the decision of June 29, 1994, ordering the preventive detention of Mr. Jenkins
was unsubstantiated because it did not set out the reasons why the measure sought a legitimate
purpose and was necessary, appropriate and proportionate to achieve this objective. Consequently,
the State is internationally responsible for the violation of Article 7(1) and (3) of the Convention, in
relation to Articles 8(2) and 1(1) of this instrument.
b.2 Duration of the preventive detention
83. The Court has indicated that one of the characteristics required of a measure of preventive or
pre-trial detention to ensure that it is in keeping with the provisions of the Convention is that it be
subject to periodic review82 so that it does not continue when the reasons for its adoption no longer
subsist. Therefore, a judge does not have to wait until an acquittal is handed down for a person who
is detained to recover their freedom, but should periodically evaluate whether the reasons for, and
the necessity and proportionality of, the measure remain and whether the duration of the detention
has exceeded the limits imposed by law and reasonableness. Whenever it appears that the preventive
detention does not meet those conditions, the release of the persons concerned must be ordered,
without prejudice to the respective proceedings continuing.83
84. In this regard, Article 7(5) of the Convention imposes temporal limits on the duration of
preventive detention and, consequently, on the State’s authority to ensure the objectives of the
proceedings by this precautionary measure. When the duration of preventive detention exceeds a
reasonable time, the State may limit the freedom of the defendant by other measures that are less
harmful than deprivation of liberty to ensure his appearance at trial.84 Therefore, even when there
are reasons to retain an individual in preventive detention, Article 7(5) guarantees that he must be
released if the duration of the detention has exceeded a reasonable time.85
85. This Court has noted that it is the domestic authorities who are responsible for assessing the
pertinence of maintaining the precautionary measures they issue pursuant to their respective laws.
When doing so, the domestic authorities must provide sufficient justification to allow the reasons
why the restriction of liberty is maintained to be known.86 Also, to guarantee that preventive
detention does not become an arbitrary deprivation of liberty pursuant to Article 7(3) of the American
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 92, Case of Argüelles et al. v. Argentina.
Preliminary objections, merits, reparations and costs. Judgment of November 20, 2014. Series C No. 288, para. 120, Case of
Wong Ho Wing v. Peru, supra, para. 248, and Case of Amrhein et al. v. Costa Rica, supra, para. 356.
81
Cf. Case of Norín Catrimán et al. (Leaders, Members and Activist of the Mapuche Indigenous People) v. Chile. Merits,
reparations and costs. Judgment of May 29, 2014. Series C No. 279, para. 311, and Case of the Women Victims of Sexual
Torture v. Mexico, supra, para. 255.
82
Cf. Case of Amrhein et al. v. Costa Rica, supra, para. 362, and Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador,
supra, para. 117.
83
84
Cf. Case of Amrhein et al. v. Costa Rica, supra, para. 361, and Case of Argüelles et al. v. Argentina, supra, para. 129.
Cf. Case of Amrhein et al. v. Costa Rica, supra, para. 362, and Case of Bayarri v. Argentina. Preliminary objection,
merits, reparations and costs. Judgment of October 30, 2008. Series C No. 187, para. 74.
85
Cf. Case of Chaparro Álvarez and Lapo Íñiguez vs. Ecuador, supra, para. 107, and Case of the Women Victims of Sexual
Torture v. Mexico, supra, para. 255.
86
22