73. In the instant case, both the Commission and the representative have alleged the
violation of Articles 7(1), 7(2), 7(4) and 7(5) of the American Convention. The Court
recalls that any violation of subparagraphs 2 to 7 of Article 7 of the Convention
necessarily entails the violation of Article 7(1) thereof. 126 In relation to the provisions of
subparagraph 2 of Article 7 of the Convention, the Court has held that deprivation of
liberty is illegal when the material and formal aspects of the applicable domestic legal
order are not observed. 127 The Court has explained that the restriction of the right to
personal liberty “is only viable when it occurs based on the causes and conditions
previously established by the Constitution or by the laws enacted in conformity with the
latter (substantive aspect) and, also, strictly subject to the procedures that they
objectively define (formal aspect).” 128 Furthermore, regarding the requirement of
lawfulness and the authority of the police to arrest an individual, the Court understands
that it should be recalled that improper action by the law enforcement agencies
represents “one of the main threats to the right to personal liberty.” 129 Therefore, the
regulations which determine the authority of police to prevent and to investigate crime
must include clear and specific references to parameters that prevent detentions that
are arbitrary or contrary to constitutional mandates. 130
74. Moreover, in order to avoid illegal or arbitrary detentions, Article 7 of the Convention
establishes a requirement in paragraphs 4 and 5 to give notice of the reasons for the
detention and for judicial control of it. The first "refers to two guarantees for the person
who is being detained: (i) oral or written notice of the reasons for the detention, and (ii)
written notification of the charges.” 131 Information on the reasons for the detention
should be given when it is made, 132 which constitutes a mechanism to avoid unlawful or
arbitrary detentions at the very moment of the deprivation of liberty and, also,
guarantees the person’s right of defense 133 and means that the agent who makes the
arrest must inform the person concerned “in simple language, free of technical terms,
of the essential legal grounds and facts on which the arrest is based.” 134 When it is
alleged that this guarantee has not been complied with, which signifies the assertion
that an act has not been performed, the State has the burden of proving the contrary. 135
The second, judicial control, is to constitute an effective safeguard against illegal or
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. 54, and Case of Aroca Palma et al. v.
Ecuador, supra, para. 79.
127
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 57, and Case of Aroca Palma
et al. v. Ecuador, supra, para. 80.
128
Cf. Case of Gangaram Panday v. Surinam. Merits, reparations and costs. Judgment of January 21, 1994.
Series C No. 16, para. 47, and Case of Valencia Campos et al. v. Bolivia. Preliminary objection, merits,
reparations and costs. Judgment of October 18, 2022. Series C No. 469, para. 117.
129
Cf. Case of Servellón García et al. v. Honduras. Judgment of September 21, 2006. Series C No. 152,
para. 86, and Case of Valencia Campos et al. v. Bolivia, supra, para. 117.
130
Cf. Case of Fernández Prieto and Tumbeiro v. Argentina. Merits and reparations. Judgment of
September 1, 2020. Series C No. 411, para. 90, and Case of Valencia Campos et al. v. Bolivia, supra, para.
117.
131
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of November 26, 2010. Series C No. 220, para. 106, and Case of Aroca Palma et al. v.
Ecuador, supra, para. 81.
132
Cf. Case of Juan Humberto Sánchez v. Honduras, supra, para. 82, and Case of Aroca Palma et al. v.
Ecuador, supra, para. 81.
133
Cf. Case of Juan Humberto Sánchez v. Honduras, supra, para. 82, and Case of Azul Rojas Marín et al.
v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 12, 2020. Series C No. 402,
para. 131.
134
Cf. Chaparro Álvarez and Lapo Íñiguez Case. v. Ecuador, supra, para. 73, and Case of Dial et al. v.
Trinidad and Tobago, supra, para. 52.
135
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 71, and Case of Dial et al. v.
Trinidad and Tobago, supra, para. 52.
126
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