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.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos