83
207.
The exceptional and temporary nature of pretrial detention requires
that reviews as to its pertinence be conducted periodically. This is necessary given that
the purpose of pretrial detention is to preserve the correct flow of the investigation and
of the criminal trial, which are supposed to be conducted with speed and due
299
diligence. The responsibility for ensuring that these periodic reviews are carried out
lies with the competent judicial authorities and the prosecution service. Thus, the IACHR
considers that the innovative practices that States could implement to rationalize the
use of pretrial detention include the creation of special programs for monitoring its
duration and improving the scheduling systems for hearings.
Due diligence and priority of processing
208.
The right of all detainees to be judged within a reasonable time or to
be released, without prejudice to the continuation of the proceedings (Articles 7.5 of
the Convention and XXV of the Declaration), implies the correlative obligation for the
State to “process criminal proceedings in which the accused is deprived of his liberty
300
with greater diligence and promptness.” The specificity of Article 7.5, compared to
Article 8.1, stems from the fact that an individual who is accused and held in custody is
entitled to have his or her case resolved on a priority basis and conducted with
301
diligence. In other words, the State has a particular obligation to speed up the
302
prosecution and avoid delays. This temporal limitation was not established in the
interest of justice, but in the interest of the accused. When delays are the norm while
303
prompt and swift prosecutions the exception, situations of basic injustice arise.
Consequently:
It is important that States place all the human and material resources
at the disposal of such proceedings so that, in situations of danger that
justify pre-trial detention, the investigation is carried out as quickly as
possible, thus preventing the restrictions placed on a person who has
not been declared guilty from becoming a punishment before trial,
304
violating the right to defense and the principle of innocence.
299
See, mutatis mutandis: ECHR, Case of Bezicheri v. Italy (Application No. 11400/85), Judgment of
October 25, 1989 (Grand Chamber), para. 21.
300
I/A Court H.R., Case of Barreto Leiva v. Venezuela. Merits, Reparations, and Costs. Judgment of
November 17, 2009. Series C No. 206, para. 120; I/A Court H.R., Case of Bayarri v. Argentina. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of October 30, 2008. Series C No. 187, para. 70.
301
IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano Basso, Uruguay,
August 6, 2009, paras. 76 and 127; IACHR, Report No. 12/96, Case 11.245, Merits, Jorge A. Giménez,
Argentina, March 1, 1996, para. 110.
302
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111 Doc. 21
rev., adopted April 6, 2001, Ch. VII, para. 32.
303
70.
IACHR, Report 35/96, Case 10.832, Luis Lizardo Cabrera, Dominican Republic, April 7, 1998, para.
304
IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano Basso, Uruguay,
August 6, 2009, para. 132.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents