84 209. At the same time, as noted by the European Court, that right of detainees for particular swiftness in the processing of their cases should not be an 305 obstacle for the courts to discharge their duties with the appropriate care. 8. Imposition of pretrial detention a second time and release following acquittal 210. Once a pretrial detainee has been released, pretrial detention may only be ordered anew if the reasonable period of the previous detention has not expired, provided that the conditions for its admissibility are again met. In such cases, determining the reasonable period shall take into account the deprivation of liberty 306 already served by the offender, and therefore the calculation should not be reset. 211. In addition, as already noted, in accordance with the principle of presumption of innocence, detainees who are acquitted by the first-instance court 307 should be released immediately. 9. Children and adolescents 212. The Inter-American Commission, in its thematic report Juvenile Justice 308 and Human Rights in the Americas, spoke extensively about the objectives, general principles, and minimum guarantees that should govern juvenile criminal justice systems. The Commission stresses that the goals of these juvenile systems include working for the reintegration of young offenders by providing them with the 309 opportunities necessary for them to assume a constructive role in society. In pursuit of this goal, States should contemplate alternatives to the prosecution of criminal 310 offenses and to the deprivation of liberty. 213. The decision to use custodial measures should be made once it has been shown and proven that non-custodial measures are inadvisable in a given case and 305 ECHR, Case of Tomasi v. France (Application 12850/87), Judgment of August 27, 1992 (Grand Chamber), para. 102. 306 IACHR, Report No. 86/09, Case 12.553, Merits, Jorge, José, and Dante Peirano Basso, Uruguay, August 6, 2009, paras. 145 and 146. 307 Similarly, UN, Working Group on Arbitrary Detention, Annual Report presented to the Human Rights Council, A/HRC/4/40, published January 3, 2007, para. 78.b. 308 IACHR, Juvenile Justice and Human Rights, OEA/Ser.L/V/II Doc. 78, adopted July 13, 2011 (hereinafter “Juveline Justice and Human Rights”), available at: http://www.oas.org/en/iachr/children/docs/pdf/JuvenileJustice.pdf. 309 Article 40 of the Convention on the Rights of the Child; IACHR, Juvenile Justice and Human Rights, paras. 30 and 34; IACHR, Report No. 62/02, Case 12.285, Merits, Michael Domingues, United States, October 22, 2002, para. 83; I/A Court H.R., The Street Children Case (Villagrán Morales et al.) v. Guatemala. Judgment of November 19, 1999. Series C No. 63, para. 194. 310 IACHR, Juvenile Justice and Human Rights, Recommendations, paras. 15 and 16.

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