58.
The representative claimed that the preventive detention order was issued
“without [Mr. Carranza] [having been] notified in any way.” He stated that he had been
illegally deprived of liberty by members of the rural police because “they did not show
[him] the detention order or inform him of the reasons for his detention.” He also claimed
that Mr. Carranza remained in preventive detention for over four years and that the
State “deliberately” delayed the trial in order to infringe his rights beyond a reasonable
time frame, 24 which constituted a “flagrant” violation of his rights. The representative
claimed that Articles 7 and 8 of the Convention had been violated but did not specify
which paragraphs.
59.
The State denied responsibility. It stated that the preventive detention of Mr.
Carranza ordered by the competent authority had a legal basis and was necessary
because as he was a fugitive. It asserted that this precautionary measure was
appropriate, well-supported, and intended to ensure that Mr. Carranza appeared at trial.
It stated that the preventive detention was ordered on the basis of “strictly necessary
criteria” and that the presumption of innocence was respected. In that regard, the
measure was based on indications that a crime had been committed but also on the fact
that Mr. Carranza was a fugitive, so “the circumstances determined the preventive
detention.” Moreover, it stated that while Mr. Carranza was deprived of his liberty, he
did not request the remedies of habeas corpus or amparo of liberty, which were the
effective remedies for challenging the allegedly excessive length of the preventive
detention. The State also argued that four years (from the detention of Mr. Carranza) to
obtain a criminal sentence “is within reasonable inter-American parameters.” It also
claimed the presumed victim “delayed the criminal trial for more than a year when he
was a fugitive.”
B) Considerations of the Court
60.
The Court has maintained that the essence of Article 7 of the American
Convention is the protection of individual liberty against any arbitrary or illegal
interference by the State. 25 It has affirmed that this article has two quite distinct types
of regulations: one general and one specific. The general one is in the first subparagraph:
“[e]very person has the right to personal liberty and security.” The specific one is
composed of a set of guarantees that protect the right to not be deprived of liberty
unlawfully (Article 7(2)) or arbitrarily (Article 7(3)), to be informed of the reasons for
their detention and the charges against them (Article 7(4)), to judicial review of the
deprivation of liberty and the reasonableness of the length of the preventive detention
(Article 7(5)), to contest the lawfulness of the detention (Article 7(6)), and to not be
detained for debt (Article 7(7)). 26 Any violation of subparagraphs 2 through 7 of Article
24
The representative, among his arguments on the infringement of the reasonable time frame, noted
that Mr. Carranza “ended up serving more than the time of the sentence,” because “on May 17, 1997, before
[he] was convicted, [A]rticles 33 and 34 of the Sentencing Implementation and Rehabilitation Code were
modified[,] automatically reducing the sentence to 180 days per year for those inmates who have been
sentenced and those without a sentence who have good behavior.” He noted that Mr. Carranza “only needed
to serve three years in prison.”
25
Cf. Case of the “Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of September 2, 2004. Series C No. 112, para. 223 and Case of Jenkins v.
Argentina, para. 71.
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 51, and Case of Jenkins v. Argentina,
para. 71.
26
14