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them from hindering the development of the proceedings or evading justice. To the contrary,
after describing the evidence based on which the judge reached the conclusion that the corpus
delicti was reasonably proved, as well as the probable responsibility of the accused, he proceeded
directly and without further justification to order preventive detention. The same is true of the
preventive detention ordered by the Second Criminal Trial Court on May 10, 2006, in the context
of criminal proceeding 95/2006, in which María Patricia Romero Hernández was subjected to
preventive detention.352
253. Consequently, the Court considers that the State violated Article 7(1) and 7(3) of the
Convention, in relation to Article 1(1) of this instrument, based on the orders of preventive
detention issued against the eleven women victims in this case.
254. Furthermore, the representatives argued that “after having been deprived of their liberty
unlawfully, the victims remained detained for days or even years.” In this regard, the Court has
indicated that ordering preventive detention requires considering the proportionality of this
measure based on the evidence and the facts investigated. If there is no proportionality, the
measure will be arbitrary. Article 7(3) of the Convention reveals the State’s obligation not to
restrict the liberty of a detainee more than is strictly necessary to ensure that he or she will not
hinder the development of the investigations or evade justice. The Convention is violated when a
person whose criminal responsibility has not been established is deprived of their liberty for an
excessive length of time, which is therefore disproportionate. This is equal to punishing them in
advance.353
255. This Court has also noted that preventive detention is the most severe measure that can be
applied to a person accused of an offense, and that it is a precautionary rather than a punitive
measure.354 Therefore, it must be subject to periodic review so that it does not continue when the
reasons for its adoption no longer subsist. The domestic authorities are responsible for assessing
whether or not it is pertinent to maintain the precautionary measures issued under their legal
system. When performing this task, the domestic authorities must provide sufficient grounds so
that the reasons why the restriction of liberty is maintained may be known and, to be compatible
with Article 7(3) of the American Convention, these should be based on the need to ensure that
the detainee will not hinder the development of the investigations or evade justice.355
256. In this case, the facts that have been acknowledged reveal that, between May 13 and 15,
2006, Ana María Velasco Rodríguez, Yolanda Muñoz Diosdada, María Cristina Sánchez Hernández,
Angélica Patricia Torres Linares and Bárbara Italia Méndez Moreno were “released.” 356 However,
Cf. Order on the constitutional time limit of the preventive detention of the victim, Patricia Romero Hernández
(evidence file, folios 32110 and 32238), and order on the constitutional time limit of the preventive detention of several
victims (evidence file, folios 32253, 32254 and 32580 a 32583).
352
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 77, and Case
of López Álvarez v. Honduras. Merits, reparations and costs. Judgment of February 1, 2006. Series C No. 141, paras. 68
and 69.
353
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 77, and Case
of Bayarri v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of October 30, 2008. Series C No,
187, para. 69.
354
Cf. Case of Bayarri v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of October 30, 2008.
Series C No, 187, para. 74, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
November 27, 2013. Series C No. 275, para. 163.
355
The Court notes that the State refers to the “release” [externación] of those indicated, a term that would appear to
refer to the moment when the court took the decision to release them on bail, which might or might not be the date on
which the women left prison.
356