Prosecution Service Police. Under this tenor, this registry is meant for arrests carried
out by agents of the Public Prosecution Service Police of the [Prosecutor General’s
Office], parallel to the Administrative Register of Detentions.”
43.
Regarding the foregoing, the representatives recalled “that in the case of the
ecologist peasants, the prolonged and unlawful arrest and restraint were carried out by
members of the military, and are not included in the Administrative Register of
Detentions,” just as they are not included in the SIRED. Consequently, the
representatives further stated that “[a]ditionally, it is relevant to mention that from the
information presented, [they can] conclude that the SIRED did not guarantee access to
[the] information referred to in roman numeral iii) of the operative paragraph at hand,
keeping in mind that the goal of the measure ordered is precisely to avoid situations in
which family members or other concerned persons cannot properly access information
regarding the whereabouts of the person detained that is sufficient, up-to-date, and
accurate.”
44.
With respect to this issue, the representatives concluded by stating that “the
State has not made available any information to reach a conclusion that it is organizing
the adequate register of detentions performed by members of the armed forces, who
continue making thousands of arrests without having the authority to do so and
without an adequate system of control.”
45.
For its part, the Commission “acknowledge[d] the information furnished by the
State and value[d] its efforts to comply with this point. However, the Commission
observe[d] that with regard to the Administrative Register of Detentions and the
Approved Police Report, the State did not submit the documents relevant to these
systems, which are necessary to properly understand their scope and operation, as
well as their relationship to the SIRED. The Commission [took] note of the concerns
expressed by the representatives regarding both the [Administrative Register of
Detentions], as well as the SIRED in terms of the limitations in their scope and access
to family members or persons close to the detainees, given their reserved nature. The
Commission concluded by stating that “[it consider[ed] that it [was] necessary to have
additional information on the points in question.”
Considerations of the Court
46.
In the Judgment, the Court observed that, pursuant to the General Law of the
National Public Security System, the information contained in the Register may be
provided to anyone who requests information about an individual under arrest, which
allows for compliance with the purpose of assisting in the defense of the detainees’
rights. At that time, the Court deemed it appropriate to require the adoption of
measures to ensure that increased public access to such information does not affect
the right to private life - among other rights - of detainees. In light of the foregoing,
the Court found that the following supplementary measures should be adopted in order
to reinforce the operation and usefulness of this system: i) continuous updating; ii)
interconnection between the database of the register and any other relevant
databases, establishing a network that allows each detainee to be easily located; iii)
guarantee that the register respects the requirements of access to information and
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