the Law regulating Drug-related Activities and the offenses established in the Law against Asset- and Money-Laundering.197 103. The Court notes that, according to the law, in order to order pretrial detention, it was sufficient that the judge indicate that “there is sufficient evidence to maintain, reasonably, that the accused is the probable perpetrator or participant” in an offense and that the punishment applicable to that offense was more than three years’ imprisonment or that, even if the punishment was less, the judge considered pretrial detention necessary, among other reasons, owing to “the public alarm that its perpetration has caused.” Thus, the judge was not required to analyze or justify whether or not the procedural purposes of the detention were met during the proceedings, or its appropriateness, necessity and proportionality, in accordance with the obligations derived from the American Convention (supra para. 100). To the contrary, the law presumed that pretrial detention was necessary, and it was only possible not to order this when “it is reasonable to believe that [the accused] will not try to evade the action of justice, and also that the offense has not caused public alarm.” 104. In addition, article 294 of the Code of Criminal Procedure of El Salvador prohibited the substitution of pretrial detention when the proceedings referred to several crimes, including homicide and aggravated homicide. This automatic determination of pretrial detention based on the type of offense being criminally prosecuted is contrary to the aforementioned standards (supra paras. 99 to 101), which require proving, in each specific case, that the detention is strictly necessary and designed to ensure that the accused will not impede the development of the proceedings or evade the action of justice.198 105. In application of the said provisions, on March 3, 2008, the pretrial detention of Manuela was ordered, considering that “the existence of the crime has been established, and also the probable participation in it of the defendant” and taking into account the nature of the crime. The decision also indicated that: It is presumed that the said defendant will try to evade the punishment imposed on the crime committed, and she may obstruct the specific investigation measures by removing, hiding and even threatening the witnesses; in addition, the said crime committed by the defendant against her newborn son has caused public alarm within the villagers of Las Mesas […] who condemn this unacceptable act executed by [the presumed victim].199 Cf. Code of Criminal Procedure of El Salvador, Legislative Decree No. 776 of 1996, articles 292 and 294. Available at: http://www.oas.org/juridico/spanish/mesicic3_slv_procesal.pdf The Court notes that the Code of Criminal Procedure was amended in 2009. However, the text of these articles remained the same, except as regards the reference to public alarm in the previous article 292. Currently, article 329 of the Code establishes that: “To order the pretrial detention of the accused, the following requirements must be met: (1) That there is sufficient evidence to maintain, reasonably, the existence of a offense and the probable participation of the accused; (2) that the punishment for the offense is more than three years’ imprisonment, or that, even if the punishment is less than this, the judge considers that pretrial detention is necessary, based on the circumstances of the act, or if the accused is subject to another precautionary measure.” Article 331 establishes that: “Notwithstanding the provisions of the two preceding articles, and even if the offense warranted a greater punishment than three years, when the accused is not subject to other precautionary measures and it is reasonable to believe that he will not try to evade the action of justice, another precautionary measure may be ordered. Pretrial detention cannot be replaced with any other measure in the following crimes: homicide, aggravated homicide, kidnapping, offenses against sexual liberty, aggravated theft, extorsion, fraud against the public purse, the sale of persons, people smuggling, people trafficking, civil disorders, offenses established in the Law regulating Drug-related Activities and the offenses established in the Law against Asset- and Money-Laundering. Code of Criminal Procedure of El Salvador, Legislative Decree No. 733 of 2009, articles 329 and 331. Available at https://www.asamblea.gob.sv/sites/default/files/documents/decretos/ 171117_072931433_archivo_documento_legislativo.pdf 197 Cf. Case of Herrera Espinoza et al. v. Ecuador, supra, para. 149, and Case of Carranza Alarcón v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of February 3, 2020. Series C No. 399, para. 78. 198 Cf. Record of the first hearing of the criminal trial against Manuela on March 3, 2008 (evidence file, folios 75 and 81). 199 33