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).