52
sort of judicial control must be set free or immediately brought before a judge, as
the essential content [of said] Article 7 of the American Convention is protection of
the liberty of the individual against interference by the State.”87
130. The detainee also has the right to notify a third party that he or she is under
State custody. This notification can be, for example, to a relative, an attorney
and/or a consul, as may be the case. The right to contact a relative becomes
especially important when detainees are minors. In this scenario, the authority
carrying out the detention and in charge of the detention place for the minor must
immediately notify the next of kin or, otherwise, their representatives for the minor
to receive timely assistance from the person notified.
In case of consular
notification, the Court has pointed out that the consul “may assist the detainee with
various defense measures, such as providing or retaining legal representation,
obtaining evidence in the country of origin, verifying the conditions under which the
legal assistance is provided and observing the conditions under which the accused is
being held while in prison.”88 Notification regarding the right to establish contact with
a relative, an attorney and/or consular information, must be made at the time the
accused is imprisoned,89 but in the case of minors it is necessary to take such
measures as may be required for notification to effectively take place.90 In case of
notification to an attorney it is especially important for the detainee to be able to
meet privately with him or her,91 as an inherent act in the detainee’s right to
defense.
131. The detainees must be examined and given medical care, preferably by a
physician chosen by themselves or by those who have their legal custody or
representation. Results of any medical examination ordered by the authorities –and
which must not be conducted in the presence of the police authorities- must be
delivered to the judge, the detainee and his attorney, or to him and whoever
exercises custody or representation of the minor according to the law.92 The Court
has stated that deficient medical attention of a detainee violates Article 5 of the
American Convention.93
87
Cf., Juan Humberto Sánchez Case, supra note 4, para. 84; and Castillo Petruzzi et al. Case, supra
note 30, para. 108. Likewise, Cf., Eur. Court H. R., Brogan and Others v. The United Kingdom, decision of
23 March 1988, Series A no. 145-B, paras. 58-59, 61-62.
88
Cf., The Right to Information on Consular Assistance in the Framework of the Guarantees of the
Due Process of Law. Advisory Opinion OC-16/99, of October 1, 1999. Series A No. 16, para. 86.
89
Cf., The Right to Information on Consular Assistance in the Framework of the Guarantees of the
Due Process of Law, supra note 88, para. 106.
90
Cf., Council of Europe. Committee on the Prevention of Torture. 2nd General Report
CPT´s activities covering the period I January to December 1991, paras. 36-43.
on the
91
Cf., Cantoral Benavides Case, supra note 30, paras. 127 and 128; and Castillo Petruzzi et al.,
supra note 30, para. 139, 141 and 142.
92
Cf., Council of Europe. Committee on the Prevention of Torture. 9th General Report [CPT/Inf
(99), 12], paras. 37-41.
93
Cf., Cantoral Benavides Case, supra note 30, paras. 85 and 106. Likewise, Cf., Council of Europe.
Committee on the Prevention of Torture, European Union. 9th General Report [CPT/Inf (99), 12], paras.
33-34.
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