The issue: Every person has the right to be presumed innocent unless proven guilty. However, the opposite happened when Mr. Patrick Hundley was arrested and thrown in a Costa Rican prison without evidence under the concept of Preventia (preventive detention). It was as if he had been found guilty in a trial, but there was no trial.
He was arrested under false pretenses, he was not presented any evidence, he was not given a hearing on the facts of the case and he was assigned an unlawfully high bail. This abuse of law through Preventia is an injustice and a violation of human rights.
During his 6 months in prison, Mr. Hundley had two options to get out of prison: agree to the demands of a business partner or post an unreasonable bail.
Pat Hundley would now like to bring attention to and hopefully change the Costa Rica systems that allow these injustices to occur.
Continuing to Hold Hundley is a Direct Violation of the Inter-American Human Rights Court
June 29, 2014
Continuing to hold Pat Hundley in prison is a violation of the standards of the Human Rights Court, of which Costa Rica is a founding member and host country.
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States (OAS), which serves to uphold and promote basic rights and freedoms in the Americas.
Per the standards from Inter-American Court of Human Rights, Pat Hundley has already been in prison the maximum amount of time that someone should be held in preventive detention - two thirds of the minimum sentence for the crime with which they are charged. In Mr. Hundley’s case the minimum sentence is 6 months - he has already been held in prison for over 4 months.
From the website of the Inter-American Court of Human Rights (Google Translation)
An innocent person should not receive the same treatment as a convicted person.
Preventive detention cannot last beyond a reasonable time
A sentence without judgment contradicts universally recognized principles of law.
The breach of reasonable time in pretrial detention contradicts general principles of law.
The breach of reasonable time in pretrial detention amounts to a sentence without judgment.
Preventive detention must adhere to the provisions of Article 7.5 of the Convention
Article 7.5 of the Convention establishes the right of detainees to be tried within a reasonable time.
Article 7.5 of the Convention establishes the right of detainees to be released.
Article 7.5 of the Convention imposes time limits on the length of pretrial detention.