regulations, which require the competent authority to keep a public record of every
arrest made, including the identity of the person detained, place, time, circumstances,
and officers who made the arrest. Such provisions are, moreover, consistent with this
Court’s case law.215
152. As to the arrest of minors216, the Court finds that, in this case, the State
acknowledged the arrest of Carlos Eduardo Uzcátegui and, referring to the provisions
of the 1998 Law for the Protection of Children and Adolescents (LOPNA), did not
dispute the allegations of the representatives regarding the lack of separation between
Carlos Eduardo Uzcátegui and the other detainees, nor did it prove that the police
immediately informed the Public Prosecutor about his arrest, as required by said
law.217
153. Considering the context of the events at the time218, and that no legitimate
reasons for the arrest were provided, the Court concludes that the arrest of Luis and
Carlos Eduardo Uzcátegui was not carried out in conformity with Article 44 of the
Constitution and LOPNA, all of which contravenes the Convention and the Court’s case
law in respect of the conventional provisions applicable in this case 219.
154. Therefore, the arrest of Luis Enrique Uzcátegui and Carlos Eduardo Uzcátegui is
unlawful and violates Article 7(2) of the Convention, in relation to Article 1(1) thereof.
Furthermore, by failing to comply with the special measures of protection for minors
required by law and by the Convention, the State violated Article 19 of the Convention
to the detriment of Carlos Eduardo Uzcátegui.
155. As to the alleged arbitrariness of the detention, the Court notes that the factual
and evidentiary documentation furnished is insufficient to rule on the conduct of the
Venezuelan authorities in relation to Article 7(3) of the American Convention and its
case law in this regard.220
215
Cf. Case of Juan Humberto Sánchez v. Honduras, para. 189 and Case of Bulacio v. Argentina.
Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100, para. 132. Also see Case
of Torres Millacura et al. v. Argentina. Merits, Reparations and Costs. Judgment of August 26, 2011. Series
C No. 229, para. 99.
216
Article 19 of the American Convention states: “Every minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society, and the State.”
217
Article 549 of LOPNA states: “Adolescents must always be separated from adults when in preventive
custody or serving a prison sentence. The offices of the investigative police must have areas exclusively for
adolescents arrested in flagranti or on the orders of a Prosecutor of the Public Prosecutor’s Office, in order to
be brought before a judge, and they must be transferred to specialized facilities as soon as possible.” Article
692 of the LOPNA states: “The Investigative Police may summon or apprehend an adolescent presumed to
be responsible for the matter under investigation but, in no case, may it order solitary confinement. In the
event of an arrest, this shall be immediately reported to the prosecutor of the Public Prosecutor’s Office”.
218
Cf. 2001 Annual Report of the Ombudsman’s Office of the Bolivarian Republic of Venezuela
(Evidence file, volume 24, pages 7825-7827); Annual Report 2002 of the Ombudsman’s Office of the
Bolivarian Republic of Venezuela (Evidence file, volume 24, page 7828-7831), and expert report by Liderly
José Montero Barrueta (Evidence file, volume 24, pages 5323 and 5324).
219
Cf. Case of Barrios Family v. Venezuela, para. 55; Case Rosendo Cantú et al. v. Mexico. Preliminary
Objection, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C No. 216, para. 201; Case
Juan Humberto Sánchez v. Honduras, para. 82 and Case of Bulacio v. Argentina, paras. 128, 135 and
136. See also Legal Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, paras. 56, 59, 60, 86 and 93.
220
Cf. Case of Fleury et al. v. Haiti. Merits and Reparations. Judgment of November 23, 2011. Series
C No. 236, para. 59; Case of Usón Ramírez v. Venezuela. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 20, 2009. Series C No. 207, para. 146; Case Torres Millacura et al. v.
Argentina, paras. 77 and 78, and Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 96.
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