129. This Court has indicated that detentions for discriminatory motives are manifestly
unreasonable and, therefore, arbitrary. 165 Since the deprivation of liberty was discriminatory,
it is not necessary to examine its purpose, necessity and proportionality to determine that it
was arbitrary.
130. Based on the preceding considerations, the Court finds that the State violated Article
7(3) of the Convention, in relation to the obligation to respect rights without discrimination,
to the detriment of Azul Rojas Marín.
B.4
Notification of the reasons for the detention
131. Article 7(4) of the American Convention 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.166 Information on the “grounds and reasons” for the detention
must be provided “when this occurs,” and this 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.167 The Court has also indicated that the agent who carries out
the detention must provide information in a simple, non-technical manner on the essential
facts and the legal grounds for the detention, and that Article 7(4) of the Convention is not
complied with if only the legal grounds are mentioned.168 The State has not alleged that this
obligation was met. The Court considers proved that, when she was being made to get into
the official vehicle, Ms. Rojas Marín asked why she was being detained and the state agent
did not answer telling her the reasons for the detention.
132. Therefore, the Court considers that the State violated Article 7(4) of the Convention, in
relation to Article 1(1) of this instrument, to the detriment of Azul Rojas Marín.
B.5
Conclusion
133. Based on the preceding considerations, the Court concludes that the initial detention of
Ms. Rojas Marín was unlawful because it was carried out without abiding by the causes and
procedures established in domestic law, including the failure to record the detention. In
addition, the detention was arbitrary because it was carried out on discriminatory grounds.
The Court has also concluded that Ms. Rojas Marín was not advised of the reasons for her
detention.
134. Consequently, due to actions of its agents acting in this capacity, the State violated the
rights recognized in Articles 7(1), 7(2), 7(3) and 7(4) of the Convention, in relation to the
obligation to respect these rights without discrimination established in Article 1(1) of this
instrument, to the detriment of Azul Rojas Marín.
Cf. Case of Expelled Dominicans and Haitians v. Dominican Republic. Preliminary objections, merits,
reparations and costs. Judgment of August 28, 2014. Series C No. 282, para. 368. See also, Report of the Working
Group on Arbitrary Detention. A/HRC/22/44 of December 24, 2012, para. 38.
165
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 Women Victims of Sexual Torture in
Atenco v. Mexico, Preliminary objection, merits, reparations and costs. Judgment of November 28, 2018. Series C
No. 371, para. 246.
166
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs, supra,
para. 82, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs, supra, para.
96.
167
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and
costs, supra, para. 71, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection,
merits, reparations and costs, supra, para. 246.
168
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