44
important protection of the rights of a detainee is prompt appearance before a judicial
authority responsible for overseeing the detention,” 148 and that the right to request a
decision on the lawfulness of the detention is the fundamental guarantee of the
constitutional and human rights of a detainee deprived of his liberty by agents of the State.
This right may not be suspended under any circumstances, and its importance cannot be
overestimated. 149
121.
The essential content of Article 7 of the American Convention is
protection of the liberty of the individual against interference by the State. 150 To that end,
it enshrines guarantees that represent limits to the exercise of authority by State agents. 151
The act of detaining or arresting someone is a manifestation of the exercise of the effective
power of the State over a person, which is why both international law and the
constitutional and legal systems of democratic States establish a series of guarantees
designed to ensure that actions carried out by the authorities abide by certain limits proper
to the rule of law and necessary to guarantee the fundamental rights of all citizens.
122.
The IACHR has stressed that any deprivation of liberty must be strictly
limited to cases or circumstances explicitly contemplated in law and must abide strictly by
the procedures established for that purpose. Otherwise, the detainee is, de facto, exposed
to arbitrariness and abuse by the authority executing the arrest. Therefore, in order to
ensure effective judicial oversight of the detention, the competent court must be quickly
appraised of the persons who are held in confinement. 152 To avoid risks of this nature, the
Commission has suggested that a delay of more than two or three days in bringing a
detainee before a judicial authority will generally not be considered reasonable. 153
Similarly, the European Court of Human Rights has considered that a lapse of four days
between arrest and appearance before a judge or other judicial officer exceeds the
promptness required under Article 5(3) of the European Convention. 154
148
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VII, para. 21. See also,
United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment,
Third Report to the [former] Commission on Human Rights, E/CN.4/2004/56, adopted on December 23, 2003,
para. 39.
149
IACHR, Report No. 1/97, Case 10,258, Merits, Manuel García Franco, Ecuador, February 18, 1998,
para. 57.
150
I/A Court H. R., Case of Bulacio V. Argentina. Judgment of September 18, 2003. Series C No. 100,
para. 129; I/A Court H. R., Case of Juan Humberto Sánchez V. Honduras. Judgment of June 7, 2003. Series C No. 99,
para. 84.
151
I/A Court H.R., Case of Servellón‐García et al. V. Honduras. Merits, Reparations and Costs. Judgment
of September 21, 2006. Series C No. 152, para. 88.
152
IACHR, Report on the Situation of Human Rights in the Dominican Republic, OEA/Ser.L/V/II.104. Doc.
49 rev. 1, October 7, 1999. (hereinafter “Report on the Situation of Human Rights in the Dominican Republic”), Ch.
VI, para 219; IACHR, Report No. 2/97, Cases 11.205, 11.236, 11.238, 11239, 11.242, 11.243, 11.244, 11.247,
11.248, 11.249, 11.251, 11.254, 11.255, 11.257, 11.258, 11.261, 11.263, 11.305, 11.320, 11.326, 11.330, 11.499,
and 11.504; Jorge Luis Bronstein et al., Merits, Merits, Argentina, March 11, 1997, para. 11.
153
IACHR, Report on Terrorism and Human Rights, para. 122.
154
European Court of Human Rights, Case of Brogan and others v. The United Kingdom, (Application no.
11209/84; 11234/84; 11266/84; 11386/85), Judgment of November 29, 1988, Grand Chamber, para. 62.
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