152. The European Court of Human Rights has had occasion to analyze the impact of nighttime raids on the private and family life guaranteed by Article 8 of the European Convention on Human Rights. In the case of Gutsanovi v. Bulgaria it analyzed the validity of a raid carried out at dusk in a place where it was known that children were present. In this regard, that Court established: Of course, the Court cannot go so far as to require the law-enforcement agencies not to arrest persons suspected of criminal offences in their homes whenever their children or spouses are present. However, it considers that the possible presence of family members at the scene of an arrest is a circumstance that must be taken into consideration in planning and carrying out this type of police operation. This was not done in the present case and the law-enforcement agencies did not contemplate any alternative means of carrying out the operation at the applicants’ home, such as staging the operation at a later hour or even deploying a different type of officer in the operation. Consideration of the legitimate interests of Mrs Gutsanova and her daughters was especially necessary since the former was not under suspicion of involvement in the criminal offences of which her husband was suspected, and her two daughters were psychologically vulnerable because they were so young (five and seven years of age).224 153. In addition, as expert witness Piqué explained, it must be taken into account that “interference in homes during night hours has a disproportionate impact on women and children. The home is the place par excellence where caregiver roles are played and those roles have historically been assigned to women. The domestic sphere is a sphere that is especially feminine.”225 Accordingly, it becomes necessary to incorporate a gender approach into the execution of raids and searches. As expert witness Diana Guzmán explained: Article 211 of the Code of Criminal Procedure of Honduras: “Searches that do not entail raiding a home may be carried out in working and non-working hours.” Article 217 of the Code of Criminal Procedure of Nicaragua: “When the search must be carried out in a place that is inhabited, in its outbuildings, business premises or office, the raid and search shall be carried out with a court order, which must be requested and authorized in light of due cause and in writing. The raid must be carried out between 6:00 a.m. and 6:00 p.m. It can be carried out at any time when the resident or his representative consents or in extremely serious and urgent cases in which the judges must decide within one hour at the most on requests made by the prosecutor or the head of the police unit in charge of the investigation. A record must be made of the urgent situation requiring the raid.” Article 293 of the Code of Criminal Procedure of Panama: “House raids. If it is necessary to search a place that is inhabited or its immediate outbuildings, the raid shall be authorized by the supervisory judge following a substantiated request by the prosecutor. The hours in which it may be carried out shall be between 6:00 a.m. and 10:00 p.m. When the resident or his representative consents to this, or in extremely urgent and serious cases, it may be carried out at any time and the order authorizing the raid must indicate the urgent situation. The owner of the property or the person occupying it may authorize the prosecutor to carry out the search. This consent must be noted in writing in the corresponding record.” Article 186 of the Code of Criminal Procedure of Paraguay: “Searches, with or without a raid, in closed or enclosed places, even though allowing public access, may only be carried out between 6:00 a.m. and 6:00 p.m. However, nighttime searches may be carried out: (i) in places accessible to the public, open during the night, and in a serious case requiring immediate action, and (2) in cases in which the judge expressly orders this with a reasoned decision.” Article 11 of the Constitution of the Oriental Republic of Uruguay: “The home is a sacred placed that is inviolable. No one may enter it at night without the consent of the head of the household and, during the day, only with an express order from a competent judge, in writing, and in the cases established by law.” Article 195 of the Code of Criminal Procedure of Uruguay: “1. The raid and search of a home or its outbuildings, may only be carried out with the order of the judge, issued at the request of the prosecutor, in the hours between sunrise and sunset. 2. Home or private dwelling shall be understood to be the place occupied in order to live in it, even though this is only on a temporary basis. 3. Nevertheless, the search may be carried out during night hours with the express consent of the head of the household, advising the competent prosecutor and judge immediately. 4. If the judge orders the raid of a dwelling in which there are no elderly persons or there are no residents, the procedure shall be carried out by the most senior person in charge of the service, after the competent prosecutor has been advised. 5. A complaint to the police of domestic violence shall always be considered express authorization to raid and search the home within the 48 hours following its presentation. 224 ECHR. Case of Gutsanovi v. Bulgaria, no. 34529/10. Judgment of October 15, 2013, para. 132. 225 Written expert opinion provided by María Luisa Piqué on June 16, 2022 (evidence file, folios 12550-12551). 45