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notes that the detention of the eleven women occurred in a context of “numerous arbitrary
detentions,” as determined by the SCJN, which indicated the following:
During the events in question, it has been proved that numerous arbitrary detentions were
executed, which could be explained, although not justified, by the vertiginous nature of the
events, especially those that occurred on the blocked highway and surrounding areas, and
given the many members and supporters of the Peoples’ Front who took part in the events,
and others who, without forming part of that group, were in the village of Atenco. The police,
without much consideration or delay, swept in, in what the factual context led them to believe
was a case of flagrante delicto, detaining people indiscriminately, without knowing for sure, to
begin with, whether those people had taken part in the perpetration of the wrongful acts they
were repressing, or what their participation in such acts had been.332
239. Bearing this in mind, and notwithstanding the State’s acknowledgement, the Court finds it
pertinent to include some specific considerations on the treaty-based obligations of the States
with regard to collective detentions such as those that occurred in this case. In this regard, the
Court has recognized that collective detentions could constitute a mechanism to ensure public
safety when the State has evidence to prove that the actions of each of the individuals concerned
meet the requirements for detention established by its domestic law and that are in keeping with
the Convention.333 In other words, evidence must exist to individualize and separate the conduct
of each detainee and, also, the detentions must be controlled by the judicial authority. 334
240. This Court has established that, in the case of collective detentions, the State must
substantiate and prove, in the specific case, the existence of sufficient evidence to reasonably
suppose the criminal conduct of the individual and that the detention is strictly necessary.
Therefore, the detention cannot be based on a mere suspicion or personal perception that the
detainee is a member of a specific group.335 In particular, in the context of demonstrations or
social protests, the United Nations Special Rapporteur on the rights to freedom of peaceful
assembly and of association has indicated that “[t]he presence of a few people engaging in
violence in and around a protest does not authorize police to brand the entire protest nonpeaceful. It does not give the State carte blanche to use force against or carry out indiscriminate
arrests.”336 In such cases, violent conduct should not be presumed, and “[a]ssembly organizers
should not be held liable for the violent behaviour committed by others. Instead, police have the
duty to remove violent individuals from the crowd in order to allow protesters to exercise their
basic rights to assemble and express themselves peacefully.” 337
332
Cf. SCJN judgment of February 12, 2009 (evidence file, folios 31253 and 31254).
Cf. Case of Servellón García et al. v. Honduras. Judgment of September 21, 2006. Series C No. 152, para. 92, and
Case of Pacheco Teruel et al. v. Honduras. Merits, reparations and costs. Judgment of April 27, 2012. Series C No. 241,
para. 107.
333
Cf. Case of Servellón García. Judgment of September 21, 2006. Series C No. 152, para. 92, and Case of Pacheco
Teruel et al. v. Honduras. Merits, reparations and costs. Judgment of April 27, 2012. Series C No. 241, para. 107.
334
Cf. Case of Pacheco Teruel et al. v. Honduras. Merits, reparations and costs. Judgment of April 27, 2012. Series C
No. 241, para. 106, and Case of Amrhein et al. v. Costa Rica. Preliminary objections, merits, reparations and costs.
Judgment of April 25, 2018. Series C No. 354, para. 353. Similarly, the UN Working Group on Arbitrary Detention has said
that detention will be arbitrary, “when it is apparent that persons have been deprived of their liberty specifically […]
because of their real or suspected membership of a distinct […] group.” UN, General Assembly, Report of the Working
Group on Arbitrary Detention, July 19, 2017, Doc. UN A/HRC/36/37, para. 48.
335
UN, Special Rapporteur on the rights to freedom of peaceful assembly and of association, Report on his mission to
Chile, September 30, 2015, UN Doc. A/HRC/32/36/Add.1, para. 43.
336
Cf. UN, General Assembly, Human Rights Council, Report of the United Nations High Commissioner for Human Rights
on Effective measures and best practices to ensure the promotion and protection of human rights in the context of
peaceful protests, January 21, 2013, UN Doc. A/HRC/22/28, para. 10.
337