21 “Pre-trial detention shall not exceed two years. Nevertheless, when the number of offenses attributed to the accused or the evident complexity of the case shall prevent the conclusion of the proceedings within the indicated time, this may be extended by one more year by a founded decision which shall be communicated immediately to the corresponding court of appeal for due review.” 73. The national authorities denied the request for release each time arguing that Law No. 24,390 “has not derogated the usual norms regulating release mechanisms” and that those norms did not guarantee a “system of automatic liberty.”63 The national authorities assessed the “characteristics of the offense of which Mr. Bayarri was accused, his personal situation as a sergeant of the Argentine Federal Police and the punishment requested in order to presume, with justification, that, if he was granted his liberty, […] he would evade the action of la justice.”64 74. Preventive detention should not be prolonged when the reasons that gave rise to the adoption of the precautionary measure no longer exist. The Court has observed that the national authorities are responsible for assessing the pertinence of maintaining the precautionary measures they issue pursuant to their own body of laws. When exercising this task, the national authorities should provide sufficient grounds to permit the reasons for which they are maintaining the restriction of liberty to be known65 and, to ensure that this is compatible with Article 7(3) of the American Convention, it should be based on the need to ensure that the person detained will not impede the development of the investigation or evade the action of justice. The personal characteristics of the supposed author and the gravity of the offense he is charged with are not, in themselves, sufficient justification for preventive detention. Despite this, even when there are reasons for keeping a person in preventive detention, Article 7(5) guarantees that he will be released if the detention period has exceeded a reasonable time. In this case, the Court understands that Law No. 24,390 established a maximum period of three years after which it was not possible to continue depriving the accused of his liberty (supra para. 72).66 Consequently, it is clear that Mr. Bayarri’s detention could not exceed this timeframe. 75. The Court considers that the duration of the preventive detention imposed on Mr. Bayarri not only exceeded the maximum legal limit established, but was clearly excessive. The Court does not find it reasonable that the alleged victim remained deprived of liberty for 13 years awaiting a final judicial ruling in his case, which ultimately acquitted him of the charges against him. 76. The Court also emphasizes that the judge does not have to wait until he hands down an acquittal for the detained person to recover his liberty, but should periodically assess whether the reasons and need for the measure and its proportionality are maintained,67 and having been handed down […]” (underlining added). Law No. 25,430 substituted articles 1, 2, 3, 4, 9, 10 and 11, and derogated articles 7 and 8, all of Law No. 24,390. 63 Decision of March 30, 1995 issued by the Criminal and Correctional Chamber (file of attachments to the application, appendix 3. tome VI, folios 2575 and 2576). 64 Decision of March 30, 1995 issued by the Criminal and Correctional Chamber (file of attachments to the application, appendix 3. tome VI, folios 2577). 65 Cf. case of Chaparro Álvarez and Lapo Íñiguez, supra note 9, para. 107; and case of Yvon Neptune, supra note 14, para. 108. 66 In this regard, see the order of May 3, 2007, issued by Court of First Instance No. 39, deciding to extend for one more year the preventive detention ordered against the persons accused in the case file entitled “Storni, Gustavo Adolfo et al. Unlawful coercion of those detained” (helpful evidence submitted by the State, File.66.1381996-Cuerpo18.pdf, pages 275 to 295). 67 Cf. case of Chaparro, supra note 9, para. 107; and case of Yvon Neptune, supra note 14, para. 108.

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