arbitrary, in violation of Articles 7(1) and 7(3) of the Convention, in relation to Article 1(1) thereof,
to his detriment.
212. Lastly, regarding the alleged violation of Articles 7(6) and 25 of the Convention, there is
no evidence in the instant case that Mr. Rosadio Villavicencio filed any other remedy, such as a
writ of habeas corpus, apart from the request for unconditional release that was decided on
February 9, 1995, by the Judge of Mixed First Instance, in order to seek his release. This decision,
in which the judge answered the controversy raised but omitted providing reasons based on
procedural goals, was already analyzed under Article 7(3) of the Convention and the Court finds
no reasons to declare an additional violation of Article 7(6) of the Convention.
B.2. Duration of the preventive detention
213. In cases involving preventive detention in the context of criminal proceedings, the Court
has emphasized that this rule imposes time limits on the duration of such detention and,
consequently, on the powers of the State to ensure the purposes of the proceedings through this
precautionary measure. When the term of preventive detention exceeds what is reasonable, the
State may limit the freedom of the accused with other less harmful measures that ensure his
appearance at trial, other than deprivation of liberty. 185
214. Apart from its effects on the right to personal liberty, the Commission and the Court have
indicated that the improper use of preventive detention can affect the principle of presumption of
innocence contained in Article 8(2) of the Convention. In this regard, the importance of the criteria
of reasonableness has been emphasized, since depriving an individual of liberty beyond a
reasonable term for the purposes that justify the detention would be tantamount to an advanced
sentence,186 making it a punitive measure and not a precautionary measure, distorting its nature
and thus violating Article 8(2) of the Convention. 187
186F
215. In the instant case, Mr. Rosadio Villavicencio was held in preventive detention from
September 5, 1994, to March 5, 1999, 188 a period of four years and six months. The Court notes
that the conviction imposed in the ordinary criminal jurisdiction was 6 years of imprisonment,
which ended on September 4, 2000.189 This means that the alleged victim was held in preventive
detention during three fourths of the prison sentence ordered. In this regard, the Court considers
that the period during which he was held in preventive detention without his legal situation being
resolved violated both the reasonableness and proportionality of the term required by Article 7(5)
of the Convention, given that it became a punitive measure rather than precautionary since it
covered most of the term of the sentence imposed in the end. The foregoing also demonstrates
that preventive detention constituted an advanced sentence, thus infringing the right to
presumption of innocence enshrined in Article 8(2) of the Convention.
216. Consequently, the Court concludes that the State violated Articles 7(1), 7(3), 7(5) and 8(2)
of the Convention, in relation to Article 1(1) thereof, to the detriment of Mr. Rosadio Villavicencio,
by keeping him in preventive detention during an excessive term.
Cf. Case of Bayarri v. Argentina, supra, para. 70, and Case of Amrhein et al. v. Costa Rica, supra, para. 361.
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 77, and
Case of Pollo Rivera et al. v. Peru. Merits, Reparations and Costs. Judgment of October 21, 2016. Series C No. 319, para.
122.
187
Cf. Case of Bayarri v. Argentina, supra, paras. 110 and 111, and Case of Arguelles et al. v. Argentina, supra,
para. 131.
188
According to the information submitted by the Commission, the representative and the State, Mr. Rosadio
Villavicencio was imprisoned until March 4, 1999, when he obtained the benefit of study or work release.
189
Cf. Order of September 28, 2001, of the Mixed Chamber of the Supreme Court of Justice of San Martín (evidence
file, folios 3248 to 3250).
185
186
48