VII.2
RIGHT TO PERSONAL LIBERTY
A.
Arguments
50.
The Inter-American Commission argued Mr. Fleury’s arrest was not conducted
according to the provisions of domestic law, since the HNP agents arrested him without
showing him an arrest warrant specifying the charges against him and without capturing
him in flagrante delicto. In addition, he was arrested at 7 p.m., outside the hours prescribed
by the Haitian Constitution. The Commission argued that Mr. Fleury’s arrest and detention
were illegal and arbitrary and thus the State had violated Articles 7(2), 7(3) and 7(4) of the
American Convention.
51.
The Commission also noted that Haitian law stipulates that it is not permitted to
detain anyone for more than 48 hours, unless they have been taken before a judge who
must determine the legality of the arrest and this judge has confirmed the arrest by means
of a duly-founded decision. Despite this, the Commission argued that “in this case, Mr.
Fleury was detained for 17 hours in police custody, and no attempt was made by the
corresponding police or judicial authorities to take him before a judge or other officer
authorized by law to exercise judicial power.” The Commission stated that, given the
circumstances of excessive use of force, and the illegal and arbitrary arrest and detention of
Mr. Fleury, “the State did not respect Mr. Fleury’s right to be brought promptly before a
judge, pursuant to Article 7(5) of the Convention.”
52.
In their arguments, the representatives endorsed the arguments set out by the
Commission, adding that these “serious offenses were violations of both Haitian national
law, and Article 7 of the American Convention.”
B.
Considerations of the Court
53.
The Court has reiterated that Article 7 of the American Convention contains two
different types of regulations: one general and the other specific. The general one is
contained in the first paragraph: “[e]very person has the right to personal liberty and
security”; while the specific one is composed of a series of guarantees that protect the right
not to be deprived of liberty illegally (Art. 7(2)), or in an arbitrary manner (Art. 7(3)), to be
informed of the reasons for his detention and the charges against him (Art. 7(4)), to judicial
control of the deprivation of liberty (Art. 7(5)), and to contest the legality of the arrest (Art.
7(6).35 Any violation of paragraphs 2 to 7 of Article 7 of the Convention necessarily entails
the violation of Article 7(1) thereof.36
B.1
The alleged illegal and arbitrary detention of Mr. Fleury (Article 7(2) and 7(3))
July 31, 1835 (file of attachments to the application, tome I, attachment 7, folio 612). Although the State has
alleged that the agents were transferred to another area of the HNP, no evidence was provided to support this
information during hearing No. 10, and the petitioners have contested it, specifically Mr. Fleury, who stated that he
had seen at least one of his attackers in the Bon Repos Police Station and another working in the HNP General
Inspectorate.
35
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. 51, and Case of Torres Millacura et al. v.
Argentina, supra note 17, para. 73.
36
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra note 35, para. 54, and Case of Torres
Millacura et al. v. Argentina, supra note 17, para. 73.
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