--Castillo Petruzzi et al. Case, I/A Court H.R., Judgment of May 30, 1999 (paras. 109, 111). ***** The fact that the ineffectiveness of habeas corpus was due to forced disappearance does not exclude the violation of Article 25 of the American Convention. This provision on the right to effective recourse to a competent national court or tribunal is one of the fundamental pillars not only of the American Convention, but of the very rule of law in a democratic society in the terms of the Convention. --Castillo Páez Case, I/A Court H.R., Judgment of November 3, 1997 (para. 82). ***** In order to ensure effective judicial oversight of the detention, the competent court must be quickly apprised of the persons who are held in confinement. One of the purposes of such action is to protect the well-being of the persons detained and to avoid any violation of their rights. The Inter-American Commission on Human Rights has determined that, unless such detention is reported to the court, or the court is so advised after an appreciable length of time has elapsed from the time the subject has been deprived of his freedom, the rights of the person in custody are not being protected and the detention infringes that person's right to due process. --Case 11.205, Report Nº 2/97, Bronstein case, Annual Report of the IACHR 1997 (para. 11). ***** The Inter-American Commission has also addressed the specific question of preventive detention in the immigration context, in a situation arising under the American Declaration of the Rights and Duties of Man: [I]n evaluating the propriety under the Declaration of instances of preventive and other detention, Article XXV specifies three fundamental requirements that must be satisfied in such circumstances: first, preventive detention, for any reason of public security, must be based on the grounds and procedures set forth in law; second, it may not be arbitrary; and third, supervisory judicial control must be available without delay. In situations of continuing detention, this necessarily includes supervision at regular intervals. --Case 9903, Report Nº 51/01, Ferrer-Mazorra et al case, Annual Report of the IACHR 2000 (para. 212). 47

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