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2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity
of the human person.
6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and
social re-adaptation of the prisoners.
130.
Article 7(3) of the Convention provides that:
No one shall be subject to arbitrary arrest or imprisonment.
131.
Under Article 1(1) of the American Convention,
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
132.
Article 2 of the American Convention reads as follows:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured
by legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures
as may be necessary to give effect to those rights or freedoms.
133.
The Commission will examine the petitioners’ allegations regarding enforcement of the
sentences of life imprisonment and confinement for life, in the following order: i) General questions
regarding the rights recognized in articles 19 and 5(6) of the American Convention; ii) international
standards on juvenile criminal justice and the sentence of imprisonment for life; iii) an analysis to
determine whether the criminal justice system, as applied to actual cases, had established rules and
regulations for cases where the defendants were children and adolescents that were different from the
rules and regulations applied in cases involving adults; iv) an examination of the principles on deprivation
of liberty as a measure of “last resort” and “for as short a time as possible” given the facts of the case; v)
an analysis to determine whether the possibility of release on parole, as contemplated in Argentine law,
meets the periodic review requirement; vi) an analysis to determine whether the sentences imposed upon
the alleged victims constituted an arbitrary deprivation of liberty and cruel and inhumane trearment; vii)
examination of whether the penalties imposed on the alleged victims constituted cruel, inhuman and
degrading punishment, and viii) conclusion.
1.
General questions regarding the rights recognized in articles 19 and 5(6) of the
American Convention
134.
Under Article 19 of the American Convention, States have a duty to maintain an
especially high standard when it comes to guaranteeing and protecting the human rights of the child. In a
society that claims to practice social justice and human rights, one of the most fundamental values is
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respect for the rights of the child.
135.
According to the case law of the Court, Article 19 of the American Convention must be
construed as an added right which the Convention establishes for those who, because of their physical
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and emotional development, require special protection.
Children, therefore, are the titulaires of the
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IACHR, Report No. 33/04, Case 11.634, Merits, Jailton Neri Fonseca (Brazil), March 11, 2004, para. 80.
I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 106; Case of
Baldeón García, Judgment of April 6, 2005. Series C No. 147, para. 244; Case of the Mapiripán Massacre, Judgment of September
15, 2005. Series C No. 134, para. 152; and, most especially, Case of the “Juvenile Reeducation Institute.” Judgment of September
2, 2004. Series C No. 112, para. 147, and Case of Servellón García et al. Judgment of September 21, 2006, para. 113.