in force at the time regulated this constitutional norm and established the specific rules
for ordering a detention, by indicating that “the investigative court shall order the
detention of the suspect by a reasoned order.” Also, article 183 196 established that no
one could be detained without meeting the requirements established in article 182,
unless it was in flagrante delicto as established in article numeral 184 197 of that Code.
160. Regarding the detention of minors, the Court notes that, in the instant case, the
State forwarded the Law for the Protection of Minors of December 30, 1980, which was
in force at the time of the events, as helpful evidence. Article 99 of this law established
that in “any police investigation activity in which children under 18 years of age are
involved, the Children’s Attorney shall be present.” In addition, “if a minor is deprived of
his liberty, and the Juvenile Judge has not been informed of his detention, the parents,
the legal representative, the guardian, the Children’s Attorney, or the National Children’s
Institute may request the Juvenile Judge to hear the case and immediately order the
corresponding measures of protection.” 198 However, this Law for the Protection of Minors
did not describe the proceeding or its guarantees, other than indicating the authority
that should receive the case file.
161. In cases involving minors, the Court has stated that the content of the right to
personal liberty cannot be separated from the best interests of the child, and the State’s
position of guarantor with regard to children. 199 In this regard, Article 37(b) of the
Convention on the Rights of the Child, ratified by Venezuela in 1990, establishes that
“States Parties shall ensure that: (b) No child shall be deprived of his or her liberty
unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in
conformity with the law and shall be used only as a measure of last resort and for the
shortest appropriate period of time.” 200
162. The Court takes note of the opinion given by expert witness Diego Camaño before
the Court, that:
“The State’s first obligation is to possess a specific legal framework that establishes
clearly the causes and conditions under which State agents may proceed to deprive an
adolescent of his personal liberty. This supposes that it has criminal and procedural
laws that reflect the specificity of the rights of anyone under 18 years of age, based
on the guiding principle of the best interests of the child. These laws must be in
keeping with the paradigms of comprehensive protection that arise from the
arrest warrant, and (d) the date of issue and the signature of the judge and of the clerk of the court. If the
accused is not detained, the court shall issue an arrest warrant to the police authorities, indicating the identity
of the suspect and the place where he is, if this is known. If it is not known, a search warrant shall be issued.”
196
Article 183 of the Code of Criminal Procedure, in force at the time, established: “No one may be
detained without meeting the requirements established in the preceding article, unless, in the case of an
offense that warrants imprisonment, the said person is surprised in flagrante delicto. In this case, any
authority must, and any private person may, arrest the person thus surprised.”
197
Article 184 of the Code of Criminal Procedure, in force at the time, established: “For the effects of the
preceding article, in flagrante delicto shall be considered the offense that is being committed or has just been
committed; in flagrante delicto shall also be considered the offense when the guilty person is seen being
pursued by the police, by the aggrieved person, or by public outcry, or in which he is surprised, shortly after
committing the act, in the same place or near the place where it was committed, with weapons, instruments,
or other objects that, in some way, allow it to be reasonably presumed that he is the offender.”
198
Article 101 of the Law for the Protection of Minors, published on December 30, 1980, in the Official
Gazette of the Republic of Venezuela (file of helpful evidence, folio 10559).
199
Cf. Case of the “Juvenile Re-education Institute” v. Paraguay, supra, para. 152, and Case of Mendoza et
al. v. Argentina. Preliminary objections, merits and reparations. Judgment of May 14, 2013 Series C No. 260,
para. 188.
200
Similarly, the Committee on the Rights of the Child has established that: “[t]he guiding principles for the
use of deprivation of liberty are: (a) the arrest, detention or imprisonment of a child shall be in conformity with
the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; and
(b) no child shall be deprived of his/her liberty unlawfully or arbitrarily. Cf. United Nations, Committee on the
Rights of the Child. General Comment. No. 10, Children’s rights in juvenile justice, 25 April 2007, para. 79.
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