28 charges against him, in the terms of Articles 8(1) and 25 of the Convention, in relation to Article 1(1) thereof. VIII ARTICLE 7 (RIGHT TO PERSONAL LIBERTY) 116 IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 87. The Commission alleged that the State is responsible for violating the rights of Mr. Neptune embodied in Articles 7(4), 7(5), 7(6) and 25 of the Convention, together with Article 1(1) of the Convention.117 88. In his final written arguments, the representative alleged that the detention and judicial proceedings against Mr. Neptune violated “on a daily basis, his right to personal liberty and security, since Mr. Neptune was deprived of his liberty and detained under difficult and dangerous conditions for 25 months.” 118 The representative alleged that the State had violated Articles 7(1) to (6) of the Convention.119 89. This Court understands that Article 7 of the Convention contains two distinct types of regulations: one general and the other specific. The general one is found in the first subparagraph: “[e]very person has the right to personal liberty and security.” While the specific one comprises a series of guarantees that protect the right not to be deprived of liberty unlawfully (Art. 7(2)) or arbitrarily (Art. 7(3)), for the detainee to be informed of the reasons for his detention and the charges against him (Art. 7(4)), to judicial control of the deprivation of liberty and to the reasonableness of the length of pre-trial detention (Art. 116 Article 7 (Right to Personal Liberty) 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. […] 117 Cf. Application submitted by the Commission, supra note 3, para. 103 (folio 126). 118 Cf. Final written arguments presented by the representatives, supra note 65, para. 69 (folio 284). 119 Cf. Final written arguments presented by the representatives, supra note 60, para. 68 (folio 284).

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