51
139.
Thus, in the Bulacio case, the Inter‐American Court ruled that the right to
establish contact with another person was especially important in the case of the detention
of children. “In this scenario, the authority carrying out the detention and in charge of the
detention place for the minor must immediately notify the next of kin or, otherwise, their
representatives for the minor to receive timely assistance from the person notified.” 181
140.
This right of any child deprived of liberty is established in Article 37(d) of
the Convention on the Rights of the Child and is developed in greater detail in the United
Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules),
which provide that “[u]pon the apprehension of a juvenile, her or his parents or guardian
shall be immediately notified of such apprehension, and, where such immediate
notification is not possible, the parents or guardian shall be notified within the shortest
possible time thereafter” (Rule 10.1). Similar provisions are found in the Body of Principles
for the Protection of All Persons under Any Form of Detention or Imprisonment (Principle
16.3)) and the United Nations Rules for the Protection of Juveniles Deprived of Their
Liberty (Rule 22).
141.
Thus, for both juveniles and adults, practices such as the prolonged
incommunicado or secret detention of persons constitute in themselves violation of the
right to judicial oversight of the detention or apprehension of a person, and of other
fundamental rights.
142.
In the specific case of solitary confinement for criminal investigation
purposes, the Inter‐American Court established, in the Suárez Rosero case, as a
fundamental principle that:
Incommunicado detention is an exceptional measure the purpose of
which is to prevent any interference with the investigation of the facts.
Such isolation must be limited to the period of time expressly established
by law. Even in that case, the State is obliged to ensure that the detainee
enjoys the minimum and non‐derogable guarantees established in the
Convention and, specifically, the right to question the lawfulness of the
detention and the guarantee of access to effective defense during his
182
incarceration.
…continuation
the person deprived of liberty, their representatives or their counsel, access to at least the following information:
(a) The authority that ordered the deprivation of liberty; (b) The date, time and place where the person was
deprived of liberty and admitted to the place of deprivation of liberty; (c) The authority responsible for supervising
the deprivation of liberty; (d) The whereabouts of the person deprived of liberty, including, in the event of a
transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;
(e) The date, time and place of release; (f) Elements relating to the state of health of the person deprived of
liberty; (g) In the event of death during the deprivation of liberty, the circumstances and cause of death and the
destination of the remains.” (Article 18.1).
181
I/A Court H. R., Case of Bulacio V. Argentina. Judgment of September 18, 2003. Series C No. 100,
para. 130.
182
I/A Court H.R., Case of Suárez Rosero V. Ecuador. Judgment of November 12, 1997. Series C No. 35,
para. 51.
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