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.

 

http://www.oas.org/en/iachr/

http://www1.umn.edu/humanrts/iachr/iachr.html

 

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.

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