children from their parents may, in certain contexts, jeopardize the survival and development of their rights, which must be guaranteed by the State, as established in Article 19 of the American Convention and Article 6 of the Convention on the Rights of the Child, especially through protection of the family and abstention from unlawful or arbitrary interference in the family life of children, because the family plays an essential role in their development.221 149. Therefore, the Court has considered that, in light of Article 11(2) of the Convention, obtaining proper authorization or a court order to conduct a house search or raid should be understood as the general rule and exceptions, such as in flagrante delicto, are valid only in the circumstances established by law, which – precisely because they are exceptions – must be interpreted strictly.222 150. In the instant case, the Court finds it proved that nighttime raids were conducted and these were expressly prohibited by Bolivian law at the time of the events (supra paras. 122 to 130). Also, based on the circumstances of this case, it could be inferred that children would be present in the houses and that the police could foresee this when nighttime raids were ordered. Nevertheless, the law enforcement agents did not take any special measures to protect the children who were present during the raids and, therefore, they witnessed the events (supra paras. 55 to 70). Moreover, as described below (infra paras. 185 to 191), during the raids, the police executed acts of violence, including sexual violence, against the women present, taking advantage of their vulnerable situation, being at home during the night and in night attire. 151. The restriction of nighttime raids is a way of guaranteeing the right to privacy, the protection of the family, and the inviolability of the home, within the framework of the State’s authority to make arrests in the exercise of its punitive power. Diverse legal systems in the region establish the prohibition or the restriction of nighttime raids.223 221 Cf. Juridical Status and Human Rights of the Child, Advisory Opinion OC-17/02, August 28, 2002. Series A No. 17, para. 71, and Case of Ramírez Escobar et al. v. Guatemala. Merits, reparations and costs. Judgment of March 9, 2018. Series C No. 351, para. 162. 222 Cf. Case of Pollo Rivera et al. v. Peru. Merits, reparations and costs. Judgment of October 21, 2016. Series C No. 319, para. 116. Cf. Article 140 of the Federal Code of Criminal Procedure of Argentina establishes “House raids. If the search has to be carried out in a place used as a private room or house or closed outbuildings, the procedure shall be carried out during daytime hours. Exceptionally, in cases in which a delay would be dangerous, it may be carried out at any time. The order authorizing this must explain the special circumstances. The raid shall be ordered by a judge and this may not be substituted by the consent of the person who lives on the property.” 223 Article 5.XI of the Constitution of Brazil: “[t]he house is the inviolable refuge of the individual and cannot be entered without the consent of the resident, except in case of flagrante delicto or disaster, or to provide help, or, during the day, based on a court order.” Article 245 of the Code of Criminal Procedure of Brazil establishes: “House searches shall be carried out during the day, except if the resident consents to them being carried out at night and, before entering the house, those executing the search shall show and read the order to the resident, or the person representing him, then require him to open the door.” Article 207 of the Code of Criminal Procedure of Chile establishes: “Timing of searches. The search must be carried out in the hours between 6:00 a.m. and 10:00 p.m.; but it may be executed outside these hours in places freely accessible to the public, which are open during the night. Also, it is admissible in urgent cases when its execution cannot be delayed. In the latter case, the order authorizing the entry and the search must expressly indicate the reason for the urgency.” Article 193 of the Code of Criminal Procedure of Costa Rica: “When the search is to be carried out in a place that is inhabited, in its outbuildings, business premises or office, the raid and search shall be carried out in person by the judge and he must initiate it between 6:00 a.m. and 6:00 p.m. It can be carried out at any time when the resident or his representative consents or in extremely serious and urgent cases. The order authorizing the raid must indicate the urgent situation.” Article 189 of the Code of Criminal Procedure of Guatemala: “Generally, searches of closed or enclosed spaces, even though allowing public access, may not be carried out before 6:00 a.m. or after 6:00 p.m.” 44

Select target paragraph3