Chapter 5 • Human Rights and Arrest, Pre-Trial and Administrative Detention things, they are unreasonable, unforeseeable or lacking in proportionality.”25 In the case of Castillo-Páez, Peru had violated various provisions of article 7 of the American Convention, including paragraphs (2) and (3), since the victim had been detained by members of the Natonal Police without a written order issued by a judicial authority contrary to both the American Convention and the Peruvian Constitution.26 Articles 7(1), (2) and (3) of the American Convention were further violated in the Cesti Hurtado case, since, in defiance of an order of the Public Law Chamber of the Superior Court of Justice, the Peruvian military proceeded to detain, prosecute and convict Mr. Hurtado.27 Lastly, article 7 was violated in the so-called “Street Children” case concerning the abduction and murder of several youths perpetrated by State agents contrary to the conditions established by domestic law. The Inter-American Court emphasized its case-law with regard to arrests and the material and formal aspects of the guarantees that need to be fulfilled, and concluded that neither aspect had been observed. It also referred to the jurisprudence of the European Court of Human Rights, according to which “the promptness of judicial control of arrests is of special importance for the prevention of arbitrary arrests”.28 ***** With regard to article 5(1) of the European Convention on Human Rights, the European Court has consistently held that the “object and purpose” thereof is “precisely to ensure that no one should be deprived of his liberty in an arbitrary fashion”.29 In other words, “the expressions ‘lawful’ and ‘in accordance with a procedure prescribed by law’ in Article 5 § 1 stipulate not only full compliance with the procedural and substantive rules of national law, but also that any deprivation of liberty be consistent with the purpose of Article 5 and not arbitrary (...). In addition, given the importance of personal liberty, it is essential that the applicable national law meet the standard of ‘lawfulness’ set by the Convention, which requires that all law, whether written or unwritten, be sufficiently precise to allow the citizen – if need be, with appropriate advice – to foresee, to a degree that is reasonable in all circumstances, the consequences which a given action may entail.”30 25 I-A Court HR, Gangaram Panday Case v. Suriname, judgment of January 21, 1994, in OAS doc. OAS/Ser.L/V/III.31, doc. 9, Annual Report of the Inter-American Court of Human Rights 1994, p. 32, para. 47; emphasis added. 26 I-A Court HR, Castillo Páez Case v. Peru, judgment of November 3, 1997, in OAS doc. OAS/Ser.L/V/III.39, doc. 5, Annual Report Inter-American Court of Human Rights 1997, p. 263, para. 56. 27 I-A Court HR, Cesti Hurtado Case v. Peru, judgment of September 29, 1999, in OAS doc. OEA/Ser.L/V/III.47, doc. 6, Annual Report Inter-American Court of Human Rights 1999, p. 445, paras. 141-143. 28 I-A Court HR, Villagrán Morales et al. Case (The “Street Children” Case), judgment of November 19, 1999, in OAS doc. OEA/Ser.L/V/III.47, doc. 6, Annual Report Inter-American Court on Human Rights 1999, pp. 704-706, paras. 128-136. 29 Eur. Court HR, Case of X v. the United Kingdom, judgment of 5 November 1981, Series A, No. 46, p. 19, para. 43. 30 Eur. Court HR, Case of Steel and Others v. the United Kingdom, judgment of 23 September 1998, Reports 1998-VII, p. 2735, para. 54; emphasis added. 168 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers