--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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