54
Instance of the Department of Intibucá that contradicts this, establishing that
it was done by “bearded” men who were not members of the armed forces.
Considerations of the Court
75.
The American Convention regulates the guarantees required to
safeguard personal liberty in Article 7, which provides:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under
the conditions established beforehand by the constitution of the State Party concerned or
by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
Anyone who is detained shall be informed of the reasons for his detention and
shall be promptly notified of the charge or charges against him.
5.
Any person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance for trial.
6.
Anyone who is deprived of his liberty shall be entitled to recourse to a
competent court, in order that the court may decide without delay on the lawfulness of
his arrest or detention and order his release if the arrest or detention is unlawful. In
States Parties whose laws provide that anyone who believes himself to be threatened
with deprivation of his liberty is entitled to recourse to a competent court in order that it
may decide on the lawfulness of such threat, this remedy may not be restricted or
abolished. The interested party or another person in his behalf is entitled to seek these
remedies.
[…]
76.
Previously (supra 70.5 and 70.7), the Court has established that Juan
Humberto Sánchez was detained twice by agents of the State (supra 70.5 and 70.7),
for which reason it will now develop the pertinent considerations to determine
whether the facts are consistent with the provisions set forth in the Convention.
77.
This Court has stated that protection of liberty can safeguard “both the
physical liberty of the individual and his personal safety [...], 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.”103
78.
Subparagraphs 2 and 3 of Article 7 establish limits to public authorities,
explicitly forbidding both illegal and arbitrary detentions. In this regard, the Court
has made the following statement:
[a]ccording to the first of these regulatory provisions, no one shall be deprived of his
physical liberty, except for reasons, cases or circumstances specifically established by
law (material aspect), but, also, under strict conditions established beforehand by law
(formal aspect). In the second provision, we have a condition according to which no one
shall be subject to arrest or imprisonment for causes or methods that - although
qualified as legal - may be considered incompatible with respect for the fundamental
103
Cf. Cantoral Benavides Case. Judgment of August 18, 2000. Series C No. 69, para. 72; Bámaca
Velásquez Case, supra note 25, para. 141; and “Street Children” Case (Villagrán Morales et al.). Judgment
of November 19, 1999. Series C No. 63, para. 135.
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