28 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 63. It has been proved that Maritza Urrutia was abducted by State agents, introduced by force into a vehicle, her head was covered by a hood, and she was taken to a clandestine detention center, where she was held for eight days, without being informed of the motives for her detention and the charges attributed to her, she remained incommunicado and was not brought before a competent authority (supra paras. 58.4, 58.5 and 58.6). The Court will now determine whether these facts are compatible with the provisions of Article 7 of the Convention. 64. The Court has indicated that the protection of freedom safeguards “both the physical liberty of the individual and his personal safety, in a context where the absence of guarantees may result in the subversion of the rule of law and deprive those detained of the minimum legal protection.”64 65. Regarding detention, the Court has said, with regard to paragraphs 2 and 3 of Article 7 of the Convention, on the prohibition of unlawful or arbitrary detention or arrest, that: [a]ccording to the first of these regulatory provisions, no one shall be deprived of his personal liberty except for reasons, cases or circumstances specifically established by law (material aspect) but, also, under strict conditions established beforehand by law (formal aspect). In the second provision, we have a condition according to which no one shall be subject to arrest or imprisonment for causes or methods that – although qualified as legal – may be considered incompatible with respect for the fundamental rights of the individual, because they are, among other matters, unreasonable, unforeseeable or out of proportion.65 64 Cf. Juan Humberto Sánchez case, supra note 14; Bámaca Velásquez case. Judgment of November 25, 2000. Series C No. 70, para. 141; and the “Street Children” case (Villagrán Morales et al.), supra note 12, para. 135. 65 Juan Humberto Sánchez case, supra note 14, para. 78; Bámaca Velásquez case, supra note 64, para. 139; and Durand and Ugarte case. Judgment of August 16, 2000. Series C No. 68, para. 85.

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