74
ordering of pretrial detention or, if applicable, of other less restrictive measures. Clearly,
oral proceedings guarantee that all matters related to the enforcement of the
precautionary measure can be discussed.
181.
At this juncture, mention should again be made of the need for
suitable systems to schedule and hold hearings, so that scheduled hearings are actually
carried out, thereby reducing the number of cancelled and rescheduled hearings. In
addition, the judicial authority responsible for imposing or continuing the imposition of
pretrial detention should hear and decide on the matter without delay.
Grounds and sufficient evidence
182.
One fundamental principle, firmly established in the Inter-American
Court’s jurisprudence, is that “decisions adopted by domestic bodies that could affect
261
human rights must be duly justified; otherwise, they are arbitrary.” Similarly, with
respect to the right to personal liberty, the WGAD has stated that “the legal basis
justifying the detention must be accessible, understandable, non-retroactive and
262
applied in a consistent and predictable way to everyone equally.”
183.
In the case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, the InterAmerican Court specifically ruled that any decision restricting the right to personal
liberty through the imposition of pretrial detention must have adequate grounding in
order to assess whether the detention is in compliance with the conditions required
(reasonable indications linking the accused, legitimate end, exceptional application, and
263
criteria of necessity, reasonableness, and proportionality). That duty of providing
adequate grounds also applies to later judicial resolutions deciding whether to continue
with the detention or not, regardless of whether the review thereof is conducted on an
ex officio basis or at the request of an interested party. In general terms, the Court has
ruled that “[t]he grounds are the exteriorization of the reasoned justification that allows
a conclusion to be reached,” and that they “must be provided to be able to guarantee
the right to defense. […] [T]he reasoning offered by the judge must show clearly that the
arguments of the parties have been duly taken into account and the body of evidence
264
examined rigorously.”
261
I/A Court H.R., Case of Yvon Neptune v. Haiti. Merits, Reparations, and Costs. Judgment of May
6, 2008. Series C No. 180, para. 108; I/A Court H.R., Case of Yatama v. Nicaragua. Judgment of June 23, 2005.
Series C No. 127, para. 152.
262
UN, Working Group on Arbitrary Detention, Annual Report presented to the Human Rights
Council, A/HRC/22/44, published December 24, 2012, para. 62.
263
I/A Court H.R., 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. 93.
264
I/A Court H.R., Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary Objections,
Merits, Reparations, and Costs. Judgment of November 21, 2007. Series C No. 170, paras. 107 and 118.
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