54
their tasks.99 Finally, the right of detainees to communicate with third parties, who
provide or will provide assistance and defense, goes together with the obligation of
the State agents to immediately communicate to said persons the minor’s detention,
even if the minor has not requested it.100
137. The Court deems proven that at the time of the facts there were police
practices in Argentina, including the so-called razzias, detentions to verify identity
and detentions under police edits on misdemeanors. Memorandum 40 authorized
police officers to decide whether or not they notified the Juvenile Judge regarding
children or adolescents detained (supra 69.A.1). Razzias are incompatible with
respect for fundamental rights, including presumption of innocence, existence of a
court order for detention –except in situations of flagrancy- and the obligation to
notify those in charge of the minors.
138.
The State must respect the right to life of all persons under its jurisdiction,
enshrined in Article 4 of the American Convention. This obligation expresses itself in
special modes in the case of minors, taking into account the provisions regarding
protection of children set forth in the American Convention and in the Convention on
the Rights of the Child. The role of the State as guarantor with respect to this right
carries with it the obligation to prevent situations that might lead, by action or
omission, to negatively affect it. As this Court stated previously (supra 110-121) and
as it pertains to the concrete case, if Walter David Bulacio was detained in good
health and subsequently died, the State is under the obligation to provide a
satisfactory and convincing explanation of what happened and to disprove
accusations regarding its responsibility, by supplying valid evidence.101 In its role as
guarantor, the State does in fact have the responsibility to guarantee the rights of
individuals under its custody as well as that of supplying information and evidence
pertaining to what has happened to the detainee.102
C) ADJUSTMENT OF DOMESTIC PROVISIONS TO THE PROVISIONS
OF THE AMERICAN CONVENTION
139. With respect to the measures of reparation requested pertaining to
Argentinean laws and regulations, the Court takes note of the efforts made by the
State subsequent to the facts in the instant case (supra 108.b), to adjust its
domestic system to the requirements of its international obligations regarding this
matter.
99
Cf., Juridical status and human rights of the child, supra note 4, para. 78.
100
Cf., Council of Europe. Committee on the Prevention of Torture, 9th General Report [CPT/Inf (99)
12], para. 21.
101
Cf., Juan Humberto Sánchez Case, supra note 4, para. 100. Likewise, Cf., Eur. Court HR, Salman
v. Turkey, supra note 83, para. 98; Eur. Court HR, Timurtas v. Turkey, supra note 83, para. 82; Eur.
Court HR, Selmouni v. France, supra note 83, para. 87; Eur. Court HR, Ribitsch v. Austria, supra note 78,
para. 34; and Eur. Court H. R., Case of Tomasi v. France, supra note 78, paras. 108-110.
102
Cf., Juan Humberto Sánchez Case, supra note 4, para. 111; Durand and Ugarte Case, supra note
30, para. 65; and Cantoral Benavides Case, supra note 30, para. 55. The European Court has extensive
case law along similar lines: Eur. Court HR, Aksoy v. Turkey. judgment of 18 December 1996, Reports of
Judgments and Decisions 1996-VI, para. 61; Eur. Court HR, Salman v. Turkey, supra note 83, para. 98;
Eur. Court HR, Timurtas v. Turkey, supra note 83, para. 82; Eur. Court HR, Selmouni v. France, supra
note 83, para. 87; Eur. Court HR, Ribitsch v. Austria, supra note 78, para. 34; and Eur. Court H. R., Case
of Tomasi v. France, supra note 78, paras. 108-111.
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