54 Instance of the Department of Intibucá that contradicts this, establishing that it was done by “bearded” men who were not members of the armed forces. Considerations of the Court 75. The American Convention regulates the guarantees required to safeguard personal liberty in Article 7, which provides: 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 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. […] 76. Previously (supra 70.5 and 70.7), the Court has established that Juan Humberto Sánchez was detained twice by agents of the State (supra 70.5 and 70.7), for which reason it will now develop the pertinent considerations to determine whether the facts are consistent with the provisions set forth in the Convention. 77. This Court has stated that protection of liberty can safeguard “both the physical liberty of the individual and his personal safety [...], in a context where the absence of guarantees may result in the subversion of the rule of law and deprive those arrested of the minimum legal protection.”103 78. Subparagraphs 2 and 3 of Article 7 establish limits to public authorities, explicitly forbidding both illegal and arbitrary detentions. In this regard, the Court has made the following statement: [a]ccording to the first of these regulatory provisions, no one shall be deprived of his physical liberty, except for reasons, cases or circumstances specifically established by law (material aspect), but, also, under strict conditions established beforehand by law (formal aspect). In the second provision, we have a condition according to which no one shall be subject to arrest or imprisonment for causes or methods that - although qualified as legal - may be considered incompatible with respect for the fundamental 103 Cf. Cantoral Benavides Case. Judgment of August 18, 2000. Series C No. 69, para. 72; Bámaca Velásquez Case, supra note 25, para. 141; and “Street Children” Case (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63, para. 135.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos