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the Convention.323 Thus, the concept of “arbitrariness” should not be equated with “contrary to the
law,” but should be interpreted in a broader sense in order to include elements of wrongness,
injustice and unpredictability.324 Furthermore, the Court underscores that the prohibition of
arbitrary deprivation of liberty is a non-derogable right, which may not be suspended and is
applicable even in cases in which the detention is executed for reasons of public safety.325
232. Based on the above, the Court will analyze: (1) the initial detention of the women; (2) the
alleged violations regarding the failure to notify the reasons for the detention and the right of
defense, jointly, and (3) the preventive detention of the victims.
B.1. Unlawfulness and arbitrariness of the initial detentions of the eleven
women victims in this case
B.1.a Unlawfulness of the detentions
233. The Court observes that Article 16 of the Mexican Constitution, in force at the time of the
facts, establishes:
No one may suffer interference with their person, family, domicile, papers or possessions
unless it is by a written order issued by a competent authority that justifies and provides the
grounds for the legality of the procedure. […]
In cases of flagrante delicto, any person may detain the suspect bringing him immediately
before the nearest authority and the latter, with the same promptness, shall bring him before
the Public Prosecution Service.
Only in urgent cases, if a serious offense, so classified by the law, is involved and there is a
substantiated risk that the suspect may evade the action of justice, provided that it is not
possible to go before the judicial authority owing to the time, the place or the circumstances,
the Public Prosecution Service may, under its responsibility, order his detention, providing the
grounds and indicating the evidence for this procedure […].326
234. According to article 142 of the Code of Criminal Procedure of the state of Mexico in force at
the time of the events, flagrante delicto exists when “the person is detained as he is committing
the act, or when the suspect is pursued substantively, uninterruptedly and immediately after
committing it.”327
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 91, and Case of Wong Ho Wing v. Peru. Preliminary objection,
merits, reparations and costs. Judgment of June 30, 2015. Series C No. 297, para. 238.
323
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs.
Judgment of November 21, 2007. Series C No. 170, para. 92, and Case of Amrhein et al. v. Costa Rica. Preliminary
objections, merits, reparations and costs. Judgment of April 25, 2018. Series C No. 354, para. 355.
324
Cf. Case of Osorio Rivera and family v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 26, 2013. Series C No. 274, para. 120, and Case of Rodríguez Vera et al. (Disappeared from the Palace of
Justice) v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of November 14, 2014. Series C No.
287, para. 402.
325
Constitution of the United Mexican States in force at the time of the facts (evidence file, folio 42772). It should be
noted that, in their brief with observations on the helpful evidence presented on September 21, 2018, the representatives
clarified that although the Constitution provided by the State was not in force at the time of the events, it contained the
text of article 16 of the Constitution that was in force on May 3 and 4, 2006.
326
Initial brief with observations on the merits (evidence file, folio 9992). In addition, according to article 193 of the
Federal Code of Criminal Procedure in force at the time of the facts, it is considered that flagrante delicto exists when: “I.
The accused is detained as he commits the offense; II. Immediately after execution of the offense, the accused is pursued
327