15
IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)37 THEREOF
52.
In its application, the Inter-American Commission alleged the violation of the right to
personal liberty established in Article 7(2), 7(3) and 7(5) of the American Convention, in
relation to Article 1(1) thereof, to the detriment of Juan Carlos Bayarri. It maintained that
Mr. Bayarri “was deprived of his liberty unlawfully, without respecting the reasons and
conditions established in Argentine law or the international standards.” In particular, it alleged
that the detention of the alleged victim was not preceded by an arrest warrant or flagrante
delicto. Furthermore, it indicated that “the methods used by the federal police to deprive
him of his liberty were incompatible with respect for fundamental human rights.” Lastly, it
affirmed that “the State did not comply with its obligation to advance the criminal action
diligently because it related to individuals who were deprived of their liberty, and it unduly
retained Juan Carlos Bayarri in preventive detention for almost 13 years.” The
representatives endorsed the allegations submitted by the Commission and added that Mr.
Bayarri was detained by “officials of the Argentine Federal Police who, […] even though they
did not have a legal order from a competent judge and lacked the judicial authority to do so
as they were not in their own territorial jurisdiction, proceeded to deprive him unlawfully of
his liberty.” They also alleged that, with the excuse of the gravity of the facts of which he
was accused, Juan Carlos Bayarri did not receive the benefit of release from prison,
provided for by Law 24,390 “which establishes that no one can be maintained in preventive
detention for more than two years, except in exceptionally complex or grave cases, for
which they can be detained one year more.”
53.
As mentioned above, the State did not contest the facts denounced and indicated
that the alleged violations had already been settled in the domestic jurisdiction in favor of
the alleged victim (supra paras. 29 and 30). Taking this into account, in this chapter, the
Court will examine the allegations of the Inter-American Commission and the
representatives concerning: (a) the lawfulness of Mr. Bayarri’s detention that took place in
the context of the criminal action against him, and (b) the temporal limits of the preventive
detention to which the alleged victim was subject, all in light of the principles and norms of
the American Convention.
A) Lawfulness of the detention of Juan Carlos Bayarri
54.
Article 7(2) of the American Convention establishes that “[n]o one shall be deprived
of his physical liberty except for the reasons and under the conditions established beforehand
by the Constitution of the State Party concerned or by a law established pursuant thereto.” The
2.
No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the Constitution of the State Party concerned or by a law established pursuant
thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
Anyone who is detained shall be informed of the reasons for his detention and shall be promptly
notified of the charge or charges against him.
5.
Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
37
Article 1(1) of the Convention stipulates that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.