the accused and his defense counsel is a requirement for the validity of the hearing in which the request for pre-trial detention is decided. Once the grounds for the request have been indicated by the person making it, the court must always hear the defense counsel, the other parties if they are present and wish to intervene, and the accused. Article 143. Decision on pre-trial detention. At the conclusion of the hearing, the court shall rule on the pre-trial detention by a reasoned decision, in which it states clearly the information that justifies the decision. Article 144. Modification and revocation of pre-trial detention. The decision that orders or rejects pretrial detention may be modified ex officio or at the request of any of the parties at any stage of the proceedings. When the accused requests the revocation of pre-trial detention, the court may reject it outright; also, it may summon all the parties to a hearing in order to discuss whether the circumstances that authorized the measure subsist. In any case, it shall be obliged to conduct the latter procedure when two months have passed since the last oral hearing in which the pre-trial detention was ordered or maintained. […] Article 145. Substitution of pre-trial detention and review ex officio. At any time during the proceedings, the court, ex officio or at the request of one of the parties, may substitute pre-trial detention by any of the measures that are established in the provision of paragraph 6 of this Title [Other personal precautionary measures]. When six months has passed since pre-trial detention was ordered or since the last oral hearing in which this was decided, the court shall ex officio convene a hearing in order to consider whether to conclude them or to continue them. Article 146. Surety to replace pre-trial detention. When the pre-trial detention has been or must be imposed in order to ensure the appearance of the accused at the trial and the eventual execution of the sentence, the court may authorize its replacement by a sufficient financial surety, and shall establish the amount.. […] […] Article 149. Remedies related to the measure of pre-trial detention. The decision that orders, maintains, denies its admissibility or revokes pre-trial detention may be appealed when it has been delivered in a hearing. In the other cases, it shall not admit any remedy. Article 150. Execution of the measure of pre-trial detention. […] The accused shall be treated as if he were innocent at all times. Pre-trial detention shall be implemented so that it does not acquire the characteristics of a punishment, or lead to restrictions other than those that are necessary to avoid flight and to ensure the safety of the other inmates, and of the persons who carry out functions or for any other reason are on the premises. […] […] Article 154. Court order. All orders for pre-trial detention or arrest shall be issued in writing by the court and shall contain: […] (b) the reason for the arrest or detention […]. C) Considerations of the Court 306. The legal analysis of this alleged violations will be divided into the following parts: a) General considerations on personal liberty, pre-trial detention, and presumption of innocence, and b) Examination of the alleged violations: i. Pre-trial detention imposed on Víctor Manuel Ancalaf Llaupe; ii. Pre-trial detention imposed on Jaime Marileo Saravia, Juan Patricio Marileo Saravia, Juan Ciriaco Millacheo, José Huenchunao Mariñán and Patricia Troncoso Robles iii. Pre-trial detention imposed on Aniceto Norín Catrimán and Pascual Pichún Paillalao. 1. General considerations on personal liberty, pre-trial detention, and presumption of innocence a) 307. Pre-trial detention in the American Convention The pertinent provisions of the American Convention are as follows: 108

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