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arrest her on a main road in broad daylight, and to keep her in
clandestine detention and incommunicado in police installations. The
State officials detained the alleged victim, without having been
mandated by any judicial authority, and there was no arrest warrant
against her, she was not informed of the charges against her, and she
was not allowed to communicate with a lawyer, and never brought
before a competent judge. All the above was carried out in violation of
Guatemalan laws;
b)
Regarding the legality of the detention, the Guatemalan Constitution
establishes that no one may be detained or imprisoned, unless this is
due to an offense or misdemeanor, and as a result of an order issued
in accordance with the law by a competent judicial authority. As
regards the formal aspect, the Guatemalan Code of Criminal Procedure
in force at the time of the facts stipulated that any person detained
must be taken immediately to the corresponding detention center, and
the judge must be informed of this; and
c)
The State has accepted expressly the characteristics of the detention
indicated by the victim. This was acknowledged by the President of
Guatemala in his declaration of August 9, 2000.
Arguments of the representatives of the alleged victim
60.
With regard to the violation of Article 7 of the Convention in relation to Article
1(1) thereof, the representatives of the alleged victim argued, in addition to the
aspects indicated by the Commission, that:
a)
On August 9, 2000, the President of the Republic of Guatemala,
acknowledged State responsibility for the facts on which the application is
based and the allegations in this pleading before the Inter-American Court,
which “is also equivalent to accepting that the unlawful deprivation of the
freedom of Maritza Urrutia is the responsibility of the State”; and
b)
The place where Maritza Urrutia was detained corresponded to a
military installation, as has been confirmed by the Commission for Historical
Clarification. Also, the liberation of the alleged victim directly to the Attorney
General and the fact that he took her immediately to a court to sign an act
claiming amnesty underscore the complicity of other State bodies, because
none of the authorities questioned her about her abduction, although they are
obliged ex officio to seek information on offenses.
Arguments of the State
61.
The State did not present any specific argument on the alleged violation of
Article 7 of the Convention.
Considerations of the Court
62.
Paragraphs 1 to 6 of Article 7 of the American Convention stipulate that:
1.
Every person has the right to personal liberty and security.