50
invoked by the claimant and make express statements regarding the same, according to
the parameters established by the American Convention.” 177
137.
Article 7(6) provides for a habeas corpus remedy being sought “by the
interested party or another person in his behalf,” which implies that the State must ensure
the conditions needed for access to that remedy. For that, it is essential that a detainee be
informed in a language he/she understands of the reasons for his/her detention, of the
time and place of his detention, and of the identity of the authority carrying the detention
out. In addition, he/she must be allowed to communicate with another person, so that the
latter can query the lawfulness of the detention. 178 In this regard, the Inter‐American Court
has established that:
[W]hen the detainee is deprived of his liberty and before making his first
statement before the authorities, the detainee must be informed of his
right to establish contact with another person, for example, a next of kin,
an attorney, or a consular official, as appropriate, to inform this person
that he has been taken into custody by the State. Notification to a next of
kin or to a close relation is especially significant, for this person to know
the whereabouts and the circumstances of the accused and to provide
him with the appropriate assistance and protection. In case of
notification to an attorney, it is especially important for the detainee to
be able to meet privately with him, which is inherent to his right to
179
benefit from a true defense.
138.
The United Nations Standard Minimum Rules for the Treatment of
Prisoners establish, with regard to the right of any detainee to establish contact with
another person, that an untried prisoner:
[S]hall be allowed to inform immediately his family of his detention and
shall be given all reasonable facilities for communicating with his family
and friends, and for receiving visits from them, subject only to restrictions
and supervision as are necessary in the interests of the administration of
justice and of the security and good order of the institution” (Rule 92). 180
177
I/A Court H. R., Case of López Álvarez V. Honduras. Judgment of February 1, 2006. Series C No. 141,
para. 96.
178
See also, United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment, Third Report to the [former] Commission on Human Rights, E/CN.4/2004/56, adopted
on December 23, 2003, paras. 30‐32.
179
I/A Court H. R., Case of Tibi V. Ecuador. Judgment of September 7, 2004. Series C No. 114. para. 112;
I/A Court H. R., Case of Bulacio V. Argentina. Judgment of September 18, 2003. Series C No. 100, paras. 129‐130.
180
On this matter, the Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment lays down that: “Promptly after arrest and after each transfer from one place of detention or
imprisonment to another, a detained or imprisoned person shall be entitled to notify or to require the competent
authority to notify members of his family or other appropriate persons of his choice of his arrest, detention or
imprisonment or of the transfer and of the place where he is kept in custody.” (Principle 16.1). Likewise, the
International Convention for the Protection of All Persons from Enforced Disappearance establishes that: “[…]
each State Party shall guarantee to any person with a legitimate interest in this information, such as relatives of
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