- 76 the other specific. The general one is found in the first paragraph: “Every person has the right to
personal liberty and security.” While the specific one consists of a series of guarantees that protect
the right not to be deprived of liberty unlawfully (Article 7(2)) or arbitrarily (Article 7(3)), to know
the reasons for the detention and the charges brought against the detainee (Article 7(4)), to
judicial control of the deprivation of liberty (Article 7(5)) and to contest the lawfulness of the
detention (Article 7(6)).318 Any violation of paragraphs 2 to 7 of Article 7 of the Convention
necessarily results in the violation of its Article 7(1).319
237. 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.” This Court has
indicated that, in view of the reference to the Constitution and “a law established pursuant
thereto,” the examination of the observance of Article 7(2) of the Convention entails the analysis of
compliance with the requirements established as specifically as possible and “beforehand” in the
said laws as regards the “reasons” for and the “conditions” of the deprivation of physical liberty. If
the domestic law is not observed, both materially and formally, when depriving an individual of his
liberty, this deprivation will be unlawful and contrary to the American Convention320 in light of
Article 7(2).
238. With regard to the arbitrariness referred to in Article 7(3) of the Convention, the Court has
established that no one may be detained or imprisoned for reasons and by methods that –
although classified as lawful – may be considered incompatible with respect for the fundamental
rights of the individual because, among other matters, they are unreasonable, unpredictable, or
disproportionate.321 Thus, the arbitrariness referred to in Article 7(3) of the Convention has its own
legal content, which must be analyzed only in the cases of detentions that are considered lawful.322
Nevertheless, the domestic law, the applicable procedure, and the relevant general express or tacit
principles must, in themselves, be compatible with the Convention.323 Thus, the concept of
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. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court
may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is
unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his
liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy
may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.
[…].
318
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objection, merits, reparations and costs. Judgment
of November 21, 2007. Series C No. 170, para. 51, and Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 20, 2014. Series C No. 289, para. 106.
319
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 54, and Case of Espinoza Gonzáles v. Peru, supra,
para. 106.
320
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 57, and Case of Argüelles et al. v. Argentina,
supra, para. 116.
321
Cf. Case of Gangaram Panday v. Suriname. Merits, reparations and costs. Judgment of January 21, 1994. Series C No.
16, para. 47, and Case of Expelled Dominicans and Haitians v. Dominican Republic, supra, para. 364.
322
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, paras. 93 and 96, and Case of Rodríguez Vera et al.
(The Disappeared of the Palace of Justice) v. Colombia, supra, para. 401.
323
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 91, and Case of Rodríguez Vera et al. (The
Disappeared of the Palace of Justice) v. Colombia, supra, para. 401.