Correcta aplicación del principio de motivación en la utilización de la prisión preventiva.

Abstract

Pre-trial detention is a last-resort precautionary measure, it is an exceptional measure used to avoid procedural risks, to guard against the risk of escape and to avoid the manipulation of evidence that could hinder the process and the eventual failure to comply with the sentence. Additionally, pre-trial detention is applicable as long as it meets the criteria of necessity, proportionality and reasonableness. However, on many occasions the reasons used to request, and order preventative detention are not based on the purposes stipulated in our legislation or by the Inter-American Court of Human Rights. Rather, external factors are involved, such as the lack of judicial independence, social circumstances, and the use of grounds that, not being within the framework of the legal system, cause the motivation parameters to be disregarded, that is, reasonableness, logic, and comprehensibility, thus directly violating the principle of motivated resolutions and requests. The improper application of the motivation principle when requesting pretrial detention causes transgressions that have serious consequences, such as the arbitrary application of pretrial detention and, therefore, a violation of the human rights of the accused who suffer the restriction of liberty without legitimate justification.