53
132. Police detention centers must meet certain minimum standards94 that ensure
respect for the rights and guarantees set forth in the paragraphs above. As this
Court has recognized in previous cases, there must be a record of detainees to
enable control of legality of detentions.95 This requires entry, among other data, of:
identification of the detainees, cause for detention, notification to the competent
authority, and to those representing them, exercising custody or acting as defense
counsel, if applicable, and the visits they have paid to the detainee, the date and
time of entry and release, information given to the minor and to other persons
regarding the rights and guarantees of the detainee, record of signs of beating or
mental illness, transfers of the detainee, and meal schedule. The detainee must also
sign and, if he or she does not, there must be an explanation of the reason. The
defense counsel must have access to this file and, in general, to actions pertaining to
the charges and the detention.
133. Walter David Bulacio was 17 years old when the Argentine Federal Police
detained him. The Court set forth in its Advisory Opinion OC-17 that “[f]inally, taking
into account international norms and the criterion upheld by the Court in other cases,
‘child’ refers to any person who has not yet turned 18 years of age.”96 In this
regard, the Court points out that the instant case is especially grave because the
victim is a child, whose rights are protected not only by the American Convention,
but also by numerous international instruments, widely accepted by the international
community, prominently including the Convention on the Rights of the Child. These
instruments establish the duty of the State to adopt special protection and assistance
measures in favor of children under their jurisdiction.
134. With respect to protection of the rights of children and adopting measures to
attain said protection, the ruling principle is that of the highest interest of the child,
based on “the very dignity of the human being, on the characteristics of children
themselves, and on the need to foster their development, making full use of their
potential.”97
135. In this regard, several specific considerations have been made regarding
detention of children, which as this Court has stated and is recognized in various
international instruments, must be exceptional and for the briefest time possible.98
136. To safeguard the rights of children detainees, and especially their right to
humane treatment, it is indispensable for them to be separated from adult detainees.
In addition, as this Court has established, those in charge of detention centers for
children who are offenders or accused must be duly trained for the performance of
94
Cf., Eur. Court HR, Dougoz v. Greece Judgment of 6 March 2001, Reports of Judgments and
Decisions 2001-II, paras. 46 and 48. Council of Europe. Committee on the Prevention of Torture,
European Union. 9th General Report [CPT/Inf (99), 12], paras. 33-34.
95
Cf., Juan Humberto Sánchez Case, supra note 4, para. 189; and “White Van” Case (Paniagua
Morales et al.), Reparations, supra note 30, para. 203.
96
97
Cf., Juridical status and human rights of the child, supra note 4, para. 42.
Cf., Juridical status and human rights of the child, supra note 4, para. 56.
Cf., Article 37(b) of the Convention on the Rights of the Child; and rules 13 and 19 of the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) (1985).
98
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos