11
the State has not provided information on the creation of a committee to review and
propose how to reform the laws and decrees, as well as resolutions, circulars or institutional
communications that allow detentions to be made by the police without objective grounds
therefor, as well as the mistreatment of those held in detention.” Thus, the Commission
“[was] concerned about the lack of more concrete progress in complying with the
guarantees of non-repetition ordered in the [J]udgment,” and concluded that the State “has
yet to satisfy its obligation to […] enact such legislative and other reforms as are necessary
to avoid the repetition of similar facts in the future.”
33.
That, as per the statements made by the parties (supra Considering clauses Nos. 29
to 32), the State has adopted measures aimed at complying with the orders contained in
the fifth operative paragraph of the Judgment. In this regard, the Court acknowledges the
efforts made by the State to set up mechanisms aimed at adjusting the domestic legislation
and practices on the subject of warrantless child detentions in cases other than cases of
flagrante delicto and those related to the detention of children. Also, the Court has taken
note of the State’s disposition to adjust its criminal procedural laws, as well as its laws
relating to the general protection of children. In this regard, the Court has taken note of the
actions undertaken by the State to create the Committee on the Legislative Reform and
Updating of the Juvenile Criminal Justice System, and the consultation mechanism on the
legislative changes in connection with the instant case (supra Considering clause No. 29).
34.
That, notwithstanding the foregoing and in addition to the various measures that
were adopted and are pending approval, the State must take measures of a different nature
in order that such system will be effectively applied at the domestic level and, accordingly,
enforced by the relevant parties, particularly in connection with the warrantless detention of
children in cases other than cases of flagrante delicto and the obligation to maintain
adequate conditions for the detention of children. Such obligation also means that the State
must take such action as will allow the implementation and application of said measures in
the twenty-three provinces and the capital city of the State of Argentina.
35.
That the State must continue to take such measures as are necessary to guarantee
effective compliance,8 at the national level, with the obligation to adopt such legislative and
other measures as may be necessary to bring the domestic legal system in line with the
international rules on human rights, so as to avoid the future repetition of facts and
violations such as those of the instant case.
*
*
*
36.
That, as reported by the State and the representatives, after the private hearing on
monitoring compliance with the Judgment held on August 14, 2008, they signed an
agreement whereby the State, among other things, undertook to “organize a meeting within
8
Cf. Case of Bulacio v. Argentina, supra note 5, para. 142.