56
184
illusory, and this also applies to the right to the presumption of innocence (Art. 8.2).
Consequently, respecting and upholding the right to the presumption of innocence has
very specific consequences for the way in which the State exercises its punitive power
(ius puniendi).
134.
In practical terms, upholding the right to the presumption of
innocence first implies that, as a general rule, the accused should remain at liberty
185
during criminal proceedings. This means that pretrial detention must be used as a
truly exceptional measure and that, in all cases in which it is ordered, the right to the
presumption of innocence should be considered when establishing the legitimate
reasons that could justify its use. As with any restriction affecting human rights,
deprivation of freedom prior to sentencing shall be interpreted restrictively in
accordance with the pro homine principle whereby, when recognizing rights, the
interpretation most beneficial to the person must be followed and, when restricting or
186
denying rights, the most restrictive interpretation is to be adopted.
135.
As the Inter-American Court has ruled, the principle of presumption of
innocence also gives rise to “the obligation of the State not to restrict the liberty of a
detained person beyond the limits strictly necessary to ensure that he will not impede
the efficient development of an investigation and that he will not evade justice.
187
Preventive detention is, therefore, a precautionary rather than a punitive measure.”
Therein lies the importance of the criterion of reasonableness in the enforcement of this
measure. Keeping a person incarcerated for longer than is reasonable for meeting the
188
goals sought with detention would equate, in practice, to anticipating the sentence. In
addition, Art. 7.5 of the Convention itself “imposes temporal limits on the duration of
184
See also ECHR, Case of Allenet de Ribemont v. France (Application 15175/89), Judgment of
February 10, 1995 (Grand Chamber), para. 35.
185
IACHR, Application from the Inter-American Commission on Human Rights to the Inter-American
Court of Human Rights against the Bolivarian Republic of Venezuela in Case 12.554, Francisco Usón Ramírez,
July 25, 2008, para. 168.
186
IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano Basso, Uruguay,
August 6, 2009, paras. 71 and 75.
187
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. 121; I/A Court H.R., Case of Tibi v. Ecuador. Judgment of
September 7, 2004. Series C No. 114, para. 180; I/A Court H.R., Case of Suárez Rosero v. Ecuador. Judgment of
November 12, 1997. Series C No. 35, para. 77.
188
I/A Court H.R., Case of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No.
141, para. 69; I/A Court H.R., Case of Acosta Calderón v. Ecuador. Judgment of June 24, 2005. Series C No. 129,
para. 111; I/A Court H.R., Case of Tibi v. Ecuador. Judgment of September 7, 2004. Series C No. 114, para. 180;
I/A Court H.R., Case of the “Juvenile Reeducation Institute” v. Paraguay. Judgment of September 2, 2004,
Series C No. 112, para. 229; I/A Court H.R., Case of Suárez Rosero v. Ecuador. Judgment of November 12, 1997.
Series C No. 35, para. 77. See also IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante
Peirano Basso, Uruguay, August 6, 2009, para. 133; IACHR, Report No. 2/97, Case 11.205, Merits, Jorge Luis
Bronstein and others, Argentina, March 11, 1997, para. 12; IACHR, Third Report on the Situation of Human
Rights in Paraguay, Ch. IV, para. 34.
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