the State.135 This article includes two distinct provisions, one general and the other specific. The general provision is to be found in the first paragraph: “[e]very person has the right to personal liberty and security”; while the specific provision is composed 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 be informed of the reasons for the detention and the charges against him (Article 7(4)), to judicial control of the deprivation of liberty and the reasonable time of the preventive detention (Article 7(5)), to contest the lawfulness of the detention (Article 7(6)) and not to be detained for debt (Article 7(7)). Any violation of paragraphs 2 to 7 of Article 7 of the Convention necessarily results in the violation of Article 7(1) thereof.136 101. Bearing in mind the factual dispute that exists, the Court finds it necessary: (1) to determine the facts and, then, based on the arguments submitted, it will analyze: (2) the lawfulness of the detention; (3) the arbitrary nature of the detention and the right to equality, and (4) notification of the reasons for the detention. B.1 Determination of the facts 102. In this case the circumstances of the detention are disputed. To determine what transpired, the Court will take into account the official records of the police action, the statements of the state agents who took part in the detention, and the statements of the presumed victim. 103. The initial detention of the presumed victim was documented in the police report. This established that, on February 25, 2008, agents of the Casa Grande Police Station of the Peruvian National Police, together with serenazgo agents went to the “Miguel Grau” housing estate, located in the Casa Grande district, because the neighbors had reported the presence of “three unknown subjects in the road.” When the police arrived, “one subject […] tried to escape with two others.” The police report established that the agents “[were able to detain] one of them, who had alcohol on [her] breath and […] was presumably in an advanced stage of inebriation. [… when asked for] identification, [s]he said [s]he was called [Azul] Rojas Marín[, and] indicated that [s]he was not carrying any kind of document”; therefore, the agents proceeded to search her without finding any evidence. 137 The report establishes that the presumed victim refused to sign the report and was taken to the Casa Grande Police Station for the respective identification, taking in account that she had been detained “undocumented, in suspicious circumstances, and in a place frequented by miscreants.”138 104. Since the detention of Ms. Rojas Marín in the Casa Grande Police Station was not recorded, there is no direct evidence to prove its duration or the reasons for it. 105. A police agent who took part in the initial detention indicated that when they arrived on the scene, two people fled and the presumed victim threw herself on the ground.139 In addition, three serenazgo agents who took part in the detention indicated that it took place because Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs. Judgment of June 7, 2003. Series C No. 99, para. 84, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para. 93. 135 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 Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para. 93. 136 137 Cf. Police report of February 25, 2008 (evidence file, folio 2752). Cf. Police report of February 25, 2008 (evidence file, folio 2752), and Personal Search Record of February 25, 2008 (evidence file, folio 9). The record specifically establishes that the police did not find “drugs, firearms, jewelry and similar objects, cash and/or mobile telephone.” 138 139 Cf. Statement made by LQC at the Casa Grande Police Station on March 4, 2008 (evidence file, folio 2759). 28

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