11
(OBLIGATION TO RESPECT RIGHTS)26 AND 2 (DOMESTIC LEGAL EFFECTS)27
OF THE INTER-AMERICAN CONVENTION
48.
The Commission alleged that the right embodied in Article 7 of the Convention
was violated to the detriment of Mr. Chaparro, “because the method or procedure used
for his arrest and subsequent treatment […] was contrary […] to domestic norms,” given
that it was implemented “without there being any evidence that connected him to the
proceedings, and without his having been shown the arrest warrant […] or […] informed
of the reasons for it [and of] his right to consular assistance[; nor] was he guaranteed
his right to a technical defense.” Furthermore, it stated that Mr. Lapo was arrested “in
circumstances that did not qualify for an exception to the need for a judicial order […],
without being informed of the reasons for [the arrest], and without being guaranteed the
right to a technical defense.” Lastly, the Commission stated that the two victims were
brought before a police agent and a prosecutor, neither of whom had the power to
release them, and it was only 23 days after their arrest that they were taken before a
judge, which was contrary to domestic norms. It also indicated that they were remanded
in custody for an excessive length of time, that the recourses filed to contest the
deprivation of their liberty were ineffective, and that the remedy of habeas corpus
“embodied in Article 28 of the Constitution […] is not compatible with the requirements of
Article 7[(6)] of the Convention[,] because it establishes that a Mayor – in other words,
an administrative authority – is the person responsible for deciding whether an arrest is
lawful.” The representatives endorsed these allegations.
49.
The State alleged that the arrests were carried out under strict judicial control and
orders, and respecting domestic law, because the Twelfth Criminal Judge “coordinated
and supervised the procedure of the arrest and search of the respective persons and
property in the case,” going to “Mr. Chaparro’s residence, together with police officials, in
order to detain him,” and subsequently going to the Plumavit factory to search it and
detain Mr. Lapo. For the State, the procedure that led to the arrest of the victims was
reasonable, based on the work of monitoring, interrogation of third parties and prior
analysis; it was also predictable and proportionate. According to the State, at the time of
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.
26
Article 1(1) of the Convention establishes 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..
27
Article 2 of the Convention stipulates that:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured
by legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures
as may be necessary to give effect to those rights or freedoms.
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