107
218. This Court therefore finds that Article 8(1) of the Convention, in relation to
Articles 19, 2 and 1(1) thereof, has been violated to the detriment of the children
who were interned at the Center in the period from August 14, 1996 to July 25,
2001. However, this Court does not have sufficient information to determine
whether the State violated Article 8(2) of the Convention in the case of specific
alleged victims.
X
ARTICLE 7 OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(RIGHT TO PERSONAL LIBERTY)
Pleadings of the Commission
219. The Commission’s pleadings with regard to the violation of Article 7 of the
American Convention in relation to Article 1(1) thereof, were as follows:
a)
the State violated Article 7 of the American Convention, in relation to
Article 1(1) thereof, to the detriment of the children and adolescents housed
at the Center between August 14, 1996 and July 25, 2001, and of those
subsequently transferred to adult prisons; and
b)
the right to personal liberty was violated inasmuch as a pattern
emerged that adversely affected all the juveniles interned in the Center and
consisted of the following:
i.
a generalized state of preventive detention in which 95% of the
inmates were in preventive detention and only 5% had actually been
convicted.
The State thus violated the principles dictating that
detention shall be used only in exceptional cases, for specified periods
of time that are to be as short as possible, and as a measure of last
resort. These are the principles governing the use of deprivation of
liberty as a preventive measure and as punishment in the case of
persons under the age of 18;
ii.
the State’s failure to ensure the effectiveness of the writ of
habeas corpus granted through a ruling of July 31, 1998, in response
to a petition filed on behalf of the inmates asking the court to order
that they be housed in proper facilities;
iii.
the conditions under which they were detained, such as
overcrowding, filth, lack of ventilation, lack of recreation, and poor
diet;
iv.
the lack of properly trained personnel in sufficient numbers to
guarantee the alleged victims’ safety, as there was only one guard for
every 20 inmates; and
v.
the fires that happened.
Pleadings of the representatives
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