53
fact that State authorities, do not disclose the place of detention or
information about the fate of the detainee.
[…] It can be a prison, police station, governmental building, military base
or camp, but also, for example, a private residence, hotel, car, ship or
plane. 186
145.
Secret detention is in itself the denial of all the guarantees established in
Article 7 of the American Convention, given that the person involved is materially
prevented from triggering any procedure contemplated in law for verifying the legality of
his or her detention. 187 Generally speaking, the victim can ascertain very little regarding his
whereabouts, or his kidnappers, and is not in a position to identify anyone. Not only is it
impossible for the victim to exercise his/her legal rights while being detained; it will also be
extremely difficult to challenge the authorities afterwards, even if the victim is released
alive. 188 Given that this practice is designed precisely to leave no trace of the victim’s
whereabouts, and given the intense maltreatment and even acts of torture to which
victims are subjected, they find it very difficult to meet the conditions of a party to a suit
required to obtain justice. 189
D.
Intake, registration, and initial medical examination
146.
Keeping records of persons held in prisons, initial medical exams, and
appropriate checks and protocols upon admission are not just sound penitentiary practices
but also effective ways to protect the fundamental rights of detainees. For that reason,
international human rights law regards them as essential measures to be implemented by
States will all due diligence and seriousness. Tailored to the particular circumstances of
each case, these procedures must be observed in all centers in which the State holds
people in custody, in the broad sense of deprivation of liberty used in this report.
186
United Nations, Joint Study on Global Practices in Relation to Secret Detention in the Context of
Countering Terrorism of the Special Rapporteur on the Promotion and Protection of Human Rights and
Fundamental Freedoms While Countering Terrorism; the Special Rapporteur on Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment; the Working Group on Arbitrary Detention; and the Working Group on
Enforced or Involuntary Disappearances, A/HRC/13/42, adopted on February 19, 2010 and re‐issued for technical
reasons on May 20, 2010, paras. 8‐10.
187
IACHR, Report No. 1/97, Case 10,258, Merits, Manuel García Franco, Ecuador, February 18, 1998,
para. 58.
188
IACHR, Report No. 31/96, Case 10.526, Merits, Diana Ortiz, Guatemala, October 16, 1996, para. 113.
189
In the past the Commission has widely referred to the issue of secret detentions in the context of
several military dictatorships that existed in the region. In this regard, see for example: IACHR, Report on the
Situation of Human Rights in Chile, OEA/Ser.L/V/II.66. Doc. 17, adopted on September 9, 1985, Ch. V; IACHR,
Report on the Situation of Human Rights in Panama, OEA/Ser.L/V/II.44. Doc. 38, rev. 1, adopted on June 22, 1978,
Ch. III, section 4; IACHR, Report on the Situation of Human Rights in El Salvador, OEA/Ser.L/V/II.46 doc. 23 rev. 1,
adopted on November 17, 1978, Ch. IV; IACHR, Report on the Status of Human Rights in Chile, OEA/Ser.L/V/II.34
doc 21 corr. 1, adopted on October 25, 1974, Ch. VI.
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