56
Mantilla Moreno indicated that “at the end of 1988 [her] ‘handler’ told [them] that he
[would] be traveling for a few days and gave [them] a meeting point to meet with
‘Elíana’ (María Teresa DE LA CRUZ […]) [;] DIANA […] pointed out the house and
indicated that the patient was an individual called ‘MARIO’, whose right hand had
been injured[; in that house] [she] saw ‘ELIANA’ (DE LA CRUZ) again, and it appears
she operated on him.”
107. Consequently, the Court considers that it is relevant to underscore that in the
judgment of November 21, 1996 (supra para. 73(27)), which convicted María Teresa
De La Cruz Flores, the only testimony cited in support of the judgment is the
foregoing statement, which refers to acts she allegedly committed in 1988 and for
which the provisions of Decree Law No. 25,475, which entered into force on May 5,
1992, were applied.
108. Moreover, in the new trial against the alleged victim (supra paras. 73(39) and
ff.), an order was issued on June 9, 2004 (supra para. 73(45)), which referred to
facts attributed to María Teresa De La Cruz Flores that occurred between 1989 and
1992; in other words, before the entry into force of Decree Law No. 25,475 (supra
para. 73(2)). The said order modified the orders to open the pre-trial investigation of
September 15 and 16, and October 1, 1995 (supra para. 73(20)), by applying the
norms contained in the 1924 and 1991 Penal Codes to the facts that occurred prior
to May 5, 1992, in the new trial. This was the first time that those norms were cited
in the proceedings against Mrs. De La Cruz Flores.
109. In view of the above, the Court considers that the State violated the right to
freedom from ex post facto laws embodied in Article 9 of the American Convention,
in relation to Article 1(1) thereof, to the detriment of María Teresa De La Cruz Flores.
*
110.
*
*
Article 7 of the American Convention establishes that:
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.
[…]
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos