199. Similarly, the Human Rights Committee has indicated that the deterioration in
health that a person may suffer “in custody must be held to be attributable to the
State,” 236 so that the burden of proof does not rest exclusively on the complainant,
especially considering that the complainant and the State “do not always have equal
access to the evidence and that, frequently, the State […] alone has access to relevant
information” in circumstances of detention. “The State has the duty to investigate in
good faith all allegations of violations of [human rights] made against it […], especially
when such allegations are corroborated by evidence submitted by the [complainant. …]
When further clarification of the case depends on information exclusively in the hands of
the State, the Committee may consider such allegations as substantiated in the absence
of satisfactory evidence and explanations to the contrary” to refute the claims of the
complainants. 237
200. In this regard, the Court noted that the report on autopsy No. 1018-96 performed
on Eduardo Landaeta’s body found other injuries, in addition to the bullet wounds,
namely: (a) the partial detachment of the skin of the right buttock “as if it had been
burned,” with similar characteristics on both elbows; (b) fairly deep, but incomplete
circular marks on the wrists of both hands, and (c) bruising on the lower lip (supra
paras. 102 and 191). In addition, as already indicated, according to the statements
made by Eduardo’s parents, they advised a State official of the danger faced by their son
(supra para. 70).
201. Based on this evidence, it is reasonable to infer the existence of injuries with
different characteristics to those that caused Eduardo Landaeta’s death while in State
custody. Despite this evidentiary material, the case file does not include other indications
that could corroborate his state of health when he entered the police station and before
his transfers, as well as other more convincing evidence that could establish the type of
injuries, when they were caused, and the circumstances. 238 Therefore, in principle, it is
not incumbent on the Court to determine a direct violation of Article 5(2) of the
Convention, arising from possible cruel, inhuman or degrading treatment or torture that
can be attributed to the State.
236
Cf. United Nations, Human Rights Committee, Case of Sathasivam and Saraswathi v. Sri Lanka.
Communication No. 1436/2005, UN Doc. CCPR/C/93/D/1436/2005, 8 July 2008, para. 6.2.
237
Cf. United Nations, Human Rights Committee. Case of Irene Bleier Lewenhoff and Rosa Valiño de Bleier
v. Uruguay. Communication No. 30/1978, UN Doc. CCPR/C/OP/1 at 109, 29 March 1982, para. 13.3; Case of
Albert Womah Mukong v. Cameroon. Communication No. 458/1991, UN Doc. CCPR/C/51/D/458/1991, 21 July
1994, para. 9.2, and Case of Turdukan Zhumbaeva v. Kyrgyzstan. Communication No. 1756/2008, UN Doc.
CCPR/C/102/D/1756/2008, 29 July 2011, para. 8.7.
238
In this regard, to avoid situations that endanger juvenile detainees, the Court deems it pertinent to take
into account Rule 21 of the “United Nations Rules for the Protection of Juveniles Deprived of their Liberty,”
which establishes that: “[i]n every place where juveniles are detained, a complete and secure record of the
following information should be kept concerning each juvenile received: (a) Information on the identity of the
juvenile; (b) The fact of and reasons for commitment and the authority therefor; (c) The day and hour of
admission, transfer and release; (d) Details of the notifications to parents and guardians on every admission,
transfer or release of the juvenile in their care at the time of commitment; (e) Details of known physical and
mental health problems, including drug and alcohol abuse.” In addition Rule 22 stipulates that: “[t]he
information on admission, place, transfer and release should be provided without delay to the parents and
guardians or closest relative of the juvenile concerned.” Cf. United Nations. Rules for the Protection of Juveniles
Deprived of their Liberty (The Havana Rules), adopted by General Assembly Resolution 45/113, of 14
December 1990. Meanwhile, Article 40(1) of the Convention on the Rights of the Child establishes the right of
every child accused of, or recognized as having infringed the penal law to be treated in a manner consistent
with the promotion of the child’s sense of dignity and worth; as well as the principle of innocence (Art. 40(2)
(b)(i)), and the right to be informed promptly of the charges against him or her (Art. 40(2) (b)(ii)). Lastly,
Rule 10 of the Beijing Rules on “Initial Contact” should be mentioned; in particular Rule 10.1 which stipulates
the obligation to immediately notify any “apprehension of a juvenile [to] her or his parents or guardian,” and
Rule 10.3 which regulates the contacts between the law enforcement agencies and a juvenile offender, “in such
a way as to respect the legal status of the juvenile, promote the well-being of the juvenile and avoid harm to
her or him.”
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