8
29.
Non-compliance with the “reasonable time” to close a proceeding and impose
a sanction has been noted in the instant case, non-compliance that would undermine
due process of law. This problem has been analyzed from the point of view of the
proceeding itself, which ends with a court decision, as well as from the point of view
of the execution of the punishment for which such final decision is an enforceable
order. There has been no consideration by the Court of the procedural nature the
execution may have, or in a different light, the applicability to it of the principles
inherent in criminal due process.
30.
It is evident that the disregard of the reasonable time remains a crucial
problem for criminal justice, the reforms of which have been ineffective in sufficiently
and definitely addressing the need for a brief, diligent and expeditious administration
of justice. Now then, in the circumstances of the case sub judice it is apparent that
the Inter-American Court could not deem that punishment by flogging, in itself
unlawful, should have been administered without delay —in accordance with the
provisions of domestic law— in order to conform to due process requirements. The
punishment is flagrantly illegitimate, irrespective of the delay and the date chosen to
impose and inflict it. The delay contra legem does not originate a violation; rather it
exposes its existence and aggravates its consequences.
IV.
CONDITIONS OF ARREST
31.
It is also notorious, in relation to the facts in the instant case, the persistence
of a major problem in the field of criminal justice, constantly observed in a large
number of cases submitted to the contentious jurisdiction of this Court and even
analyzed in some consultative opinions. I am referring to the conditions of arrest
existent in the vast majority of prisons —whether adult or juvenile institutions—
which are entirely incompatible with the American Convention and with the so-called
international “standards” on this matter, described in several global and regional
documents, especially after the United Nations Standard Minimum Rules for the
Treatment of Prisoners (Geneva, 1995) which have been with us for half a century
now, and despite being widely known they are frequently ignored. Once again,
reality has rebelled against the law. Speeches and facts go different ways.
32.
Based on the prevailing circumstances —as evidenced by the judgments of
the Inter-American Court and by several provisional measures ordered by the
Court— and on the notion, stated by this Court on several occasions, regarding the
role of the State as guarantor with respect to the persons in custody —adults or
juveniles, healthy or ill— it becomes apparent that there is a pressing need to
embark as soon as possible on a comprehensive and true reform of the arrest
systems. This includes laws, measures, facilities, security personnel and alternatives
to imprisonment, among others. Certainly, the paradoxes and deficiencies of
imprisonment are many. To which must be added, worsening the state of affairs
before us, the recurrent or constant violation of rules which, if observed, could
contribute at least a somewhat acceptable arrest system.
33.
It has been asserted, on abundant evidence, that correctional facilities are
usually the scene of constant, systematic and deep-rooted violations of human
rights, which also are frequently of the most serious nature. In this regard, it is
important to look back on a large number of judgments or orders regarding
provisional measures pronounced in the past few years, such as Urso Branco Prison,
Juvenile Reeducation Institute, Bulacio, Neira Alegría, Mendoza Prisons, Lori
Berenson, Hilaire, Constantine and Benjamin et al., etc. The judgment on the Case of
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents