35
132. It is clear that, contravening the provisions of Article 7.2 of the Convention,
the four youths were arrested although the causes or conditions established by the
Guatemalan Constitution, in force since January 14, 1986, were not present. Article
6 of the Constitution establishes that a person may only be deprived of his liberty
“under an order issued according to the law by a competent judicial authority” or
because he is caught in fraganti while committing a crime or offence. Neither of
these two grounds was present in this case.
133. Moreover, they were not “brought before the competent judicial authority
within six hours”, as the said Article 6 of the Guatemalan Constitution orders. What
is more, this article expressly establishes that those arrested “may not be subject to
any other authority”. If we compare the facts of this case with this basic procedural
regulation, it is clear that it was not complied with.
134. Consequently, we can conclude that neither the material nor the formal
aspect of the legal rules for detention were observed in the detention of the four
youths.
135. The European Court of Human Rights (hereinafter “European Court”) has
remarked that the emphasis on the promptness of judicial control of arrests is of
special importance for the prevention of arbitrary arrests.
Prompt judicial
intervention allows the detection and prevention of threats against life or serious illtreatment that violate fundamental guarantees contained in the European
Convention for the Protection of Human Rights and Fundamental Liberties
(hereinafter “European Convention”)21 and the American Convention. The protection
of both the physical liberty of the individual and his personal safety are in play, in a
context where the absence of guarantees may result in the subversion of the rule of
law and deprive those arrested of the minimum legal protection. In this respect, the
European Court particularly stressed that the failure to acknowledge the arrest of an
individual is a complete negation of these guarantees and a very serious violation of
the article in question.
136. Consequently, this Court concludes that the State violated Article 7 of the
American Convention on Human Rights, in relation to Article 1.1 of the Convention,
to the detriment of Henry Giovanni Contreras, Federico Clemente Figueroa
Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes.
IX
VIOLATION OF ARTICLE 4
(Right to Life)
137. In the application, the Commission maintained that Guatemala had violated
Article 4 of the Convention because two National Police Force agents murdered Henry
Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal
Sandoval, Jovito Josué Juárez Cifuentes and Anstraum Aman Villagrán Morales. The
Commission emphasized that “[t]he right to life cannot be annulled” and that “[t]he
violation of that norm [...] has not been the object of any corrective”.
21.
Cf. Eur. Court HR, Aksoy v. Turkey judgment of 18 December 1996, Reports of Judgments and
Decisions 1996-VI, p. 2282, § 76 and Brogan and Others Judgment of 29 November 1988, Series A no.
145-B, p. 32, § 58 and Eur. Court HR, Kurt v. Turkey judgment of 25 May 1998, Reports of Judgments
and Decisions 1998-III, p. 1185, §§ 123-124.