- 75 during the judicial stage, the Court notes that, although the representative argued that the
Judiciary had not ensured access to “documentation of vital importance for the preparation of
Wong Ho Wing’s defense” (supra para. 225), he did not present clear and specific arguments in
this regard; hence, the Court will not rule on this point.
233. The Court understand that the delay in the processing of the political stage has resulted in a
situation of uncertainty for the presumed victim, particularly owing to the issue and reception of
new diplomatic assurances during this stage, which he has become aware of incidentally, since he
has not had direct access to the case file at this stage. However, the Court finds that this
uncertainty is an effect of the delay in obtaining a final decision from the Executive Branch, which
the Court considered when analyzing and declaring a violation of the guarantee of a reasonable
time (supra para. 223).
234. Based on the above conclusions, the Court finds that, in this case, the State has not violated
the right to be heard, the right of defense, and the right of access to the case file, recognized in
Article 8(1) of the American Convention.
XI
RIGHTS TO PERSONAL LIBERTY AND PERSONAL INTEGRITY, IN RELATION TO THE
OBLIGATION TO RESPECT AND ENSURE RIGHTS
235. In previous cases, this Court has referred, among other matters, to deprivations of liberty
carried out as a preventive measure and as a punitive measure in the context of criminal
proceedings before the ordinary311 or the military jurisdiction,312 owing to an individual’s migratory
situation,313 as well as to collective and planned detentions,314 and those carried out totally
unlawfully, which constituted the first act in the perpetration of extrajudicial execution315 or
enforced disappearance.316 In this case, the holder of the rights whose situation is examined is an
alien detained owing to the existence of an international warrant for his arrest and a subsequent
extradition request. However, regardless of the reason for his detention, insofar as it relates to a
deprivation of liberty executed by a State Party to the Convention, this deprivation of liberty must
be strictly in keeping with the relevant provisions of the American Convention and domestic law,
provided that the latter is compatible with the Convention.
236. In this chapter, the Court will examine separately each of the arguments presented by the
parties and the Commission in relation to the right to personal liberty. This Court recalls that
Article 7317 of the American Convention includes two distinct types of regulations, one general and
311
Cf. Case of García Asto and Ramírez Rojas v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
November 25, 2005. Series C No. 137, paras. 115 and 134, and Case of Yvon Neptune v. Haiti. Merits, reparations and costs.
Judgment of May 6, 2008. Series C No. 180, para. 100.
312
Cf. Case of Loayza Tamayo v. Peru. Merits, supra, para. 61, and Case of Argüelles et al. v. Argentina, supra, paras. 128
and 137.
313
Cf. Case of Vélez Loor v. Panama, supra, para. 106, and Case of Expelled Dominicans and Haitians v. Dominican Republic.
Preliminary objections, merits, reparations and costs. Judgment of August 28, 2014. Series C No. 282, paras. 368, 370, 374,
379, and 380.
314
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No. 100, para.
38, and Case of Expelled Dominicans and Haitians v. Dominican Republic, supra, paras. 368, 374, 380 and 383.
315
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, paras. 132, 135 and 143, and
Case of Rodríguez Vera et al. (The Disappeared of the Palace of Justice) v. Colombia, supra, paras. 368 and 369.
316
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 186, and Case of Rodríguez Vera et al. (The
Disappeared of the Palace of Justice) v. Colombia, supra, paras. 322, 324, 368 and 369.
317
Article 7 of the Convention establishes that: “1. Every person has the right to personal liberty and security. 2. No one
shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the