33
treaty-based law. If it is proved that the State did not inform the person of the “reasons” for
his detention and failed to notify him of the “charges” against him, the detention would be
unlawful and, consequently, contrary to Article 7(2) of the Convention, but it would also
constitute a violation of the right embodied in Article 7(4) thereof.143
105. This Court has established that the information on the “motives and reasons” for the
detention must be provided “when the detention takes place,” which “constitutes a
mechanism to avoid unlawful or arbitrary detentions from the very instant of deprivation of
liberty and, also, guarantees the right to defense of the individual detained.”144 In addition,
the right to be informed of the reasons for the detention allows the person detained to
contest its lawfulness, using the legal mechanisms that all States must offer, in the terms of
Article 7(6) of the Convention.
106. The information on the motives and reasons for the detention necessarily supposes,
first, providing information on the detention itself. The person detained must understand
that he is being detained. Second, the agent carrying out the detention must inform him in
simple language, free of technicalities, of the essential facts and legal grounds on which the
detention is based. Article 7(4) of the Convention is not satisfied if only the legal grounds
are mentioned.145
107. The first part of Article 7(5) of the Convention stipulates that a detention must be
subject to prompt judicial review. The Court has understood that immediate judicial control
is a measure intended to avoid arbitrary or unlawful detention, bearing in mind that, under
the rule of law, the judge must guarantee the rights of the person detained, authorize the
adoption of preventive or coercive measures when this is strictly necessary and, in general,
ensure that the accused is treated in a manner consequent with the presumption of
innocence.146 The European Court has ruled similarly and, in addition, has equated the term
“promptly” with the term “immediately” and has established that flexibility in the
interpretation of this term must be limited.147 This is so, given that pre-trial detention “is
the most severe measure that can be applied to a person accused of a crime, so that its
application must be exceptional in nature, limited by the principles of legality, the
presumption of innocence, need and proportionality, all of which are strictly necessary in a
democratic society,”148 because “it is a preventive rather than a punitive measure.”149
143
Cf. Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para. 69.
144
Cf. Juan Humberto Sánchez v. Honduras. Preliminary objections, merits, reparations and costs. Judgment
of June 7, 2003. Series C No. 99, para. 82, and Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para
70.
145
Cf. Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para. 71.
146
Cf. Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No.
100, para. 129; Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 36, para. 81, and García Asto and
Ramírez Rojas v. Perú, supra note 133, para. 109.
147
Eur. Court H.R., Brogan and Others v. The United Kingdom, judgment of 29 November 1988, Series A No
145-B, para. 59
148
Cf. Acosta Calderón v. Ecuador, supra note 135, para. 74; Servellón García et al. v. Honduras, supra note
39, para. 88, and García Asto and Ramírez Rojas v. Perú, supra note 133, para. 106.
149
Cf. Suárez Rosero v. Ecuador. Merits, supra note 47, para. 77; Chaparro Álvarez and Lapo Íñiguez v.
Ecuador, supra note 36, para. 145, and López Álvarez v. Honduras. Merits, reparations and costs. Judgment of
February 1, 2006. Series C No. 141, para. 69.
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