69
166.
Consequently, it is primarily the responsibility of the national judicial
authorities to ensure that the duration of the pretrial detention does not exceed a
235
reasonable time. That time cannot be established in abstract terms because it
236
responds to criteria whose impact should be determined in each individual case. Thus,
it falls to the State to present elements to justify extending the duration of the
237
measure.
167.
The European Court has ruled that an extension of pretrial detention
238
should be based on relevant and sufficient reasons to justify its prolongation, and
that in cases in which it is extended significantly, that justification should be
“particularly convincing” and demonstrate the continued existence of the grounds that
239
originally justified its enforcement.
168.
In determining the reasonableness of that duration, although
attention can be paid to such elements as the complexity of the case and the diligence
of the judicial authorities in pursuing the investigations – elements that should also be
used to analyze the total duration of the proceedings (within the scope of Article 8.1 of
the Convention) – in examining the duration of pretrial detention, the evaluation of
those factors should be much stricter and more constrained on account of the denial of
240
liberty it entails.
169.
In particular, the complexity of the case should be analyzed based on
the facts and the difficulty entailed in proving them. As a counterpart, the diligence of
235
ECHR, Case of Sardinas Albo v. Italy (Application No. 56271/00), Judgment of February 17, 2005
(First Section of the Court), para. 85; ECHR, Case of Labita v. Italy (Application No. 26772/95), Judgment of
April 6, 2000 (Grand Chamber), para. 152; ECHR, Case of Letellier v. France (Application 12369/86), Judgment
of June 26, 1991 (Plenary of the Court), para. 35.
236
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 11.663, Oscar Barreto Leiva,
October 31, 2008, para. 136; IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano
Basso, Uruguay, August 6, 2009, para. 135 (in accordance with the constant jurisprudence of the European
Court). See also ECHR, Case of Lukovic v. Serbia (Application No. 43808/07), Judgment of March 26, 2013
(Second Section of the Court), para. 46; ECHR, Case of Piruzyan v. Armenia (Application No. 33376/07),
Judgment of June 26, 2012 (Third Section of the Court), para. 94; ECHR, Case of Sardinas Albo v. Italy
(Application No. 56271/00), Judgment of February 17, 2005 (First Section of the Court), para. 84; ECHR, Case of
Labita v. Italy (Application No. 26772/95), Judgment of April 6, 2000 (Grand Chamber), para. 152; ECHR, Case
of W v. Switzerland (Application No. 14379/88), Judgment of January 26, 1993 (Grand Chamber), para. 30.
237
IACHR, Report No. 66/01, Case 11.992, Merits, Dayra María Levoyer Jiménez, Ecuador, June 14,
2001, para. 48.
238
ECHR, Case of Melnikova v. Russia (Application No. 24552/02), Judgment of January 30, 2008
(First Section of the Court), paras. 83 and 84.
239
ECHR, Case of I.A. v. France (Application 28213/95), Judgment of September 23, 1998 (Grand
Chamber), para. 111.
240
IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano Basso, Uruguay,
August 6, 2009, paras. 127 and 128; IACHR, Report No. 12/96, Case 11.245, Merits, Jorge A. Giménez,
Argentina, March 1, 1996, para. 111.
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