B.1. On the institution of arraigo 210. The Court notes that both Article 12 of the Federal Law against Organized Crime 156 and Article 133 bis of the Federal Code of Criminal Procedure 157 have texts that are different than those in force when the events occurred. 211. With respect to Article 133 of the Federal Code and Article 12 of the Federal Law, as was pointed out in Chapter VIII.1 on the merits (supra para. 170), the Court notes that some of the problematic issues that were discussed in that chapter (supra para. 156) continue to exist, such as: a) persons arraigados are not heard by a judicial authority before a decree that restricts their personal liberty or their freedom to circulate; b) those norms do not refer to the substantive assumptions that must be complied with in order to apply that type of restrictive measures to personal liberty and the presumption of innocence and c) some of the objectives of the measures that restrict liberty are not compatible with legitimate purposes to restrict personal liberty under the Court’s case law (since the 156 It should be recalled that Article 12 of the Federal Law against Organized Crime of 1996 establishes that: The judge may, at the request of the Public Prosecutor’s Office of the Federation and taking into account the nature of the alleged event and the personal circumstances of the accused, decree arraigo against the accused in the place, form and means of implementation set out in the request, under the surveillance of the authority, which is to be exercised by the Public Prosecutor’s Office and its aides and which may be extended for the period strictly necessary for processing of the preliminary investigation, but not to exceed ninety days, so that the person in question may participate in clarifying the events imputed to him, which might reduce the period of arraigo. CHECKED The current text of Article 12 of the Federal Law against Organized Crime reads as follows: The control judge may, at the request of the Public Prosecutor’s Office of the Federation, order arraigo when it involves the crimes set forth in that Law, provided that it is necessary for the success of the investigation, for the protection of persons, or legal goods or when there is a well-founded risk that the accused might evade the action of justice. The arraigo may not exceed forty days and shall be overseen under the authority of the agent of the Public Prosecutor’s Office and the Police that are under his leadership and immediate orders in the investigation. The duration of the arraigo may be extended provided that the Public Prosecutor’s Office demonstrates that the causes that gave origin to it continue, but its total duration may not exceed eighty days. 157 It should be recalled that Article 133 bis of the Federal Code of Criminal Procedure establishes that: The judicial authority may, at the request of the Public Prosecutor’s Office, order house arraigo or impose a prohibition to leave a determined geographical area without his authorization for the person against whom the implementation of criminal proceedings is being prepared, provided that the exists a well-founded risk of evading the action of justice. The Public Prosecutor’s Office and its aides shall oversee that the order of the judicial authority is duly complied with. House arraigo or the prohibition to leave a determined geographical area may be prolonged for the period strictly essential, but should not exceed thirty natural days in the case of arraigo and sixty natural days in case of the prohibition to leave a determined geographical area. When the accused person asks that the house arraigo or the prohibition to leave a determined geographical area is not honored, the judicial authority shall decide, after consulting the Public Prosecutor’s Office and the accused as to whether it should be maintained. The current text of Article 133 bis of the Federal Code of Criminal Procedure reads as follows: The judicial authority may, at the request of the Public Prosecutor’ Office, order the house arraigo of the accused when it concerns serious crimes, provided that it is necessary for the success of the investigation, the protection of persons, or legal goods or when there exists a well-founded risk that the accused might evade the action of justice. The Public Prosecutor’s Office and its aides shall oversee that the order of the judicial authority is duly complied with. House arraigo shall be prolonged for the period strictly essential, but shall not exceed forty days. The accused may request that the arraigo be annulled when he considers that the causes that gave rise to tit have disappeared. In this assumption, the judicial authority shall consult the Public Prosecutor’s Office whether it should be maintained. 48