172. The Court notes that, even though Eduardo Landaeta was a minor, the arrest
authorization identified him as “18 years old and undocumented” (supra para. 69).
Subsequently, according to statements, an official of El Cuartelito indicated that Central
Command knew that he was a minor (supra para. 70). The following evening, Eduardo
Landaeta’s mother gave a copy of his identity card and birth certificate to an official. 208
Lastly, the Court notes that he was never brought before an authority with jurisdiction
for juveniles or provided with special and differentiated measures of protection owing to
his condition as a minor.
173. In this regard, the Court considers that, if it is necessary to identify an individual
and to determine his or her age, especially a possible minor, the State, through its
authorities with jurisdiction in the matter, must take, ex officio, the pertinent steps to
duly verify the minority, 209 by an assessment that takes into account the physical
appearance (morphological and somatic characteristics) and the psychological maturity,
and that is conducted in a scientific, safe, child and gender-sensitive and fair manner. 210
In the event of remaining uncertainty, “the individual [should be accorded] the benefit of
the doubt such that if there is a possibility that the individual is a child, s/he should be
treated as such.” 211
174. Similarly, Article 4 of the Law for the Protection of Minors established that:
“When it is not possible to establish the minority by the means established by law,
the Juvenile Judge may order medical or anthropological appraisal or any other type
of scientific means of evidence that is appropriate, in order to establish this. While
this evidence is being obtained, the individual shall be subject to the juvenile
jurisdiction.”
175. In this regard, the Court observes that, in this case, the State authorities, who
were not the Juvenile Judge, failed to obtain any medical or other type of evidence in
order to determine Eduardo Landaeta’s age and his health, so that he was not given a
differentiated treatment and special protection that would have allowed him to be
brought before a competent authority. This entailed the violation of Article 7(5) of the
American Convention, in relation to Article 19 of this instrument, to the detriment of
Eduardo Landaeta.
B.1.3.2 Prompt judicial control applicable to minors
176. Expert witness Denotilia Hernández informed the Court that “the [Law for the
Protection of Minors] established the obligation for police units who found a minor in an
irregular situation or in any of its variations, to take the minor to an establishment of the
National Children’s Institute, to notify the juvenile judge and the children’s attorney […]
as established in article 98 212 of the law.” 213 In addition, the State also forwarded the
208
It should be noted that there is a contradiction in the time at which the child’s mother delivered the copy
of the identity card and birth certificate indicating that Eduardo Landaeta was a minor. The State affirmed that
this information was provided on December 30, 1996, at 9 p.m., while the representatives asserted that it was
the same day, but at 7.30 p.m.
209
Cf. Rights and guarantees of children in the context of migration and/or need of international protection.
Advisory Opinion OC-21/14, supra, para. 88, and United Nations High Commissioner for Refugees (UNHCR),
Executive Committee, Conclusion on Children at Risk, UN Doc. 107 (LVIII)-2007, 5 October 2007, para. (g)
(ix).
210
Cf. United Nations, Committee on the Rights of the Child. General Comment No. 6, Treatment of
unaccompanied and separated children outside their country of origin, 1 September 2005, para. 31, and
Human Rights Commission of the Federal District, Mexico. Recommendation 5/2004, para. 4.4.4.
211
United Nations, Committee on the Rights of the Child. General Comment No. 6, supra, para. 31.
212
Article 98 establishes that: “Any police unit that is advised that a minor is in one of the situations
established in Title I of this volume, shall proceed immediately to transfer him or her to an establishment of
the National Children’s Institute, and shall notify the fact to the juvenile judge and the children’s attorney.”
213
Testimony of expert witness Denotilia Hernández of January 28, 2014 (merits file, folio 871).
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