individual is subjected to certain types of treatment.51 In addition, the Court has indicated
that any use of force that is not strictly necessary to ensure the appropriate behavior of a
detainee constitutes an attack against human dignity in violation of Article 5 of the
American Convention.52
53.
Article 7 of the Convention embodies guarantees that represent limits to the exercise
of authority by State agents. Those limits apply to the instruments of State control, one of
which is detention. This measure must conform to the guarantees recognized in the
Convention, provided that its application is exceptional and respects the principles of the
presumption of innocence, and of legality, necessity, and proportionality essential in a
democratic society.53
54.
In this regard, the Court has established that Article 7 of the Convention contains
two very distinct types of regulations: one general, the other specific. The general one is
contained in the first paragraph: “[e]very person has the right to personal liberty and
security”; while the specific one is composed of a series of guarantees established in
paragraphs 2 through 7. In particular, Article 7(2) of the 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 legal exception must necessarily be accompanied by the
prior definition principle, which obliges the States to establish, as specifically as possible and
“beforehand,” the “reasons” and “conditions” for the deprivation of physical liberty.
Furthermore, Article 7(3) of the American Convention establishes that “[n]o one shall be
subject to arbitrary arrest or imprisonment.” This means that, together with the provisions
concerning the legal exception, any deprivation of liberty that is not based on a concrete
reason or motive may be arbitrary and, thus, violate Article 7(3) of the Convention.54 In
addition, Article 7(4) of the American Convention establishes that “[a]nyone who is detained
shall be informed of the reasons for his detention.” Lastly, Article 7(5) of the Convention
provides that the detention of an individual must be subject to immediate judicial review, as
a way to prevent arbitrary and unlawful detentions.55 Any violation of paragraphs 2 to 7 of
Article 7 of the Convention necessarily entails the violation of Article 7(1) thereof.56
55.
The Court has previously indicated that, under Article 19 of the American
Convention, the State must assume a special position of guarantor with greater care and
responsibility, and take special measures or provide particular attention to guarantee the
principle of the best interests of the child.57 The State also has the obligation to adopt all
51
Cf. Case of Ximenes Lopes, supra note 46, para. 127, and Case of Torres Millacura et al., supra note 41,
para. 86.
52
Cf. Case of Loayza Tamayo, supra note 20, para. 57, and Case of Cabrera García and Montiel Flores, supra
note 23, para. 133.
53
Cf. Case of the “Children’s Rehabilitation Institute”, supra note 48, para. 228, and Case of Torres Millacura
et al., supra note 41, para. 71.
54
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. 128 and 143, and Case of Torres Millacura et al., supra
note 41, para. 78.
55
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C
No. 100, para. 129, and Case of Cabrera García and Montiel Flores, supra note 23, para. 93.
56
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of November 21, 2007. Series C No. 170, para. 54, and Case of Torres Millacura et al., supra note
41, para. 72.
57
Cf. Juridical Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series
A No. 17, paras. 56, 59 and 60; Case of Servellón García v. Honduras. Merits, reparations and costs. Judgment of
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