[The Committee on the Rights of the Child] notes with concern that the
Organizational Act 7/2000 on terrorism increases the period of police custody
… for children accused of terrorism.
--CRC/C/15/Add.185, paras. 53-54 (2002).
Inter-American System
The purpose of the principle of "reasonable time" to which Articles 7(5) and
8(1) of the American Convention refer is to prevent accused persons from
remaining in that situation for a protracted period and to ensure that the charge
is promptly disposed of….
This Court shares the view of the European Court of Human Rights, which in
a number of decisions analyzed the concept of reasonable time and decided
that three points should be taken into account in determining the
reasonableness of the time in which a proceeding takes place: a) the
complexity of the case, b) the procedural activity of the interested party, and c)
the conduct of the judicial authorities….
--Suárez Rosero Case, I/A Court H.R., Judgment of November 12, 1997
(paras. 70, 72).
*****
The right to the presumption of innocence requires that the duration of
preventive detention not exceed the reasonable period of time cited in Article
7.5. Otherwise, such imprisonment takes on the nature of premature
punishment, and thus constitutes a violation of Article 8.2 of the American
Convention.
[…]
The Commission has examined two factors to determine whether preventive
detention in a specific case constitutes a violation of the right to personal
freedom and the judicial guarantees set forth in the American Convention.
In the first place, the national legal authorities must justify the measure cited
pursuant to one of the criteria established by the Commission…. In the second
place, when the Commission decides that such justification exists, it must
proceed to ascertain whether those authorities have exercised the requisite
diligence in discharging the respective duties in order to ensure that the duration
of such confinement is not unreasonable.
--Case 11.205, Report Nº 2/97, Bronstein case, Annual Report of the IACHR
1997 (paras. 12, 23-24).
*****
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