7
paragraph 2 of Article 8 of the Convention was not violated in the case of the
“Juvenile Reeducation Institute”.
19.
Both in the application it filed with the Court (May 20, 2002) and in its brief of
final pleadings (July 5, 2004), the Inter-American Commission on Human Rights
maintained that in the instant case, the "convicted and accused inmates were never
separated” at the "Panchito López" Center and "the accused were treated as if they
had been convicted of a crime,” which implied a violation of the principle of
presumption of innocence protected under Article 8(2) of the American Convention.16
The Commission added that the vast majority of the inmates were without legal
representation and “almost the entire inmate population” was in preventive
detention.17 And, as the Commission pointed out in its application, “[e]ven the State
acknowledged this fact in the reports it filed with the Commission.” 18
20.
In my opinion, the points made by the Inter-American Commission in this
regard, both in its application and in its brief of final pleadings (supra) –points that
the State did not contest either in its briefs19 or at the public hearing held by the
Court- were proven beyond any reasonable doubt. There was a clear violation of the
principle of presumption of innocence, to the detriment of almost all the inmates at
the "Panchito López" Center. To expect or demand additional information from the
petitioners20 is, as I see it, to saddle the victims with too heavy a burden of proof.
In circumstances such as those established in the instant case (children deprived of
their liberty and living under the constant threat of danger), as the representatives
of the victims and of their next of kin (Ms. Viviana Krsticevic and Ms. María Clara
Galvis) pointed out in the public hearing held by the Court (May 3-5, 2004), the
burden of proof is reversed and must be borne by the respondent.
21.
At that public hearing, the State’s representation denied the existence of a
(deliberate) pattern of violations and insisted that the principle onus probandi
incumbit actori must apply; at the same time, however, he reiterated –in very
unambiguous language and with dignity- his acknowledgement of the problems in
the prison system and his concern for the situation of the adolescents at the
"Panchito López" Center. At no time did the State’s representation obstruct the
proceedings before the Court. To the contrary, at the public hearing in question he
again acknowledged the facts in the complaint, which included “the high percentage
of inmates awaiting or standing trial but not yet convicted.” His posture was very
helpful in establishing the facts in the cas d'espèce.21
16
Docs. cits., paragraph 118 and p. 28, respectively.
17
Docs. cits., paragraph 119 and p. 28, respectively.
18
Doc. cit., paragraph 119.
19
In its brief answering the application (December 13, 2002), the State was very clear in pointing out
that “the lack of means also makes it difficult to correct another problem, which is the segregation of those
awaiting or standing trial from those already convicted. The State is making efforts to comply with this
provision of the Constitution and the law and is already seeing results in some detention centers." (paragraph
201).
20
21
As indicated at paragraphs 216-218 of the present Judgment.
Moreover, in the present Judgment the Court has recognized the work that the State is doing
through its legislative, administrative and other reforms that are particularly helpful in protecting children
deprived of their liberty, given the State’s obligations under Article 19 of the American Convention (cf.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos