53
107.
In this connection, Article 7 of the American Convention provides 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 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 a 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. The 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.
[…]
108. In the case in question, the Court finds that Ms. Ana Elizabeth PaniaguaMorales, Mr. Julián Salomón Gómez-Ayala, Mr. William Otilio González-Rivera, Mr.
Pablo Corado-Barrientos and Mr. Manuel de Jesús González-López were arbitrarily
detained by agents of the State and murdered hours or days later. Indeed, it has been
proven that:
a)
Julián Salomón Gómez-Ayala was detained on June 1, 1987 and his body discovered on
June 17 (supra, para. 89 (d) (1));
b)
Ana Elizabeth Paniagua-Morales was detained on February 9, 1988 and her body
discovered two days later (supra, para. 89 (d) (3));
c)
William Otilio González-Rivera and Pablo Corado-Barrientos were detained on February 10,
1988 and found murdered on the same day (supra, para. 89 (d) (4)); and
d)
Manuel de Jesús González-López was detained on February 11, 1988 and his body found
two days later (supra, para. 89 (d) (5)).
109. Moreover, Mr. Gómez-Ayala, Ms. Paniagua-Morales and Mr. González-López
were placed in a white "van" used by the Treasury Police and later killed.
110. Although Mr. González-Rivera and Mr. Corado-Barrientos were deprived of their
liberty under different circumstances, the period of time during which they were
detained is the same, as are the means (steel blades) used to inflict their fatal injuries,
the cruelty of their treatment, and the circumstances in which their bodies were
discovered, all of which suggests that their arrests and deaths form part of the socalled "white van case." Moreover, their cases were included in the National Police
report, which the Court has categorized as circumstantial proof (supra, para. 79). All
of the foregoing indicates that the perpetrators of those persons’ detained and
murdered were members of the Treasury Police.
111. The evidence does not legitimize the State’s declaration that Mr. Vásquez and
Mr. Montenegro were arrested under the circumstances described in the police reports
on records. Under the appropriate constitutional provision, in the case of flagrante
delito there is no need for a warrant to have been issued by a competent judicial
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