45
123.
When a detention is not ordered or promptly supervised by a competent
judicial authority, when a detainee is not fully informed of the reason for the detention, or
when he or she has no access to legal counsel, and when the detainee’s relatives have been
unable to locate him or her promptly, the legal rights of a detainee as well as his or her
personal integrity are clearly jeopardized. 155 The relationship between illegal or arbitrary
detention and the violation of an individual's other fundamental rights is not a function of
circumstance. Rather, in some cases it may be the logical consequence of a relationship of
dependency between the security forces, and administrative and judicial authorities. 156
124.
The Inter‐American Court has similarly and consistently maintained, since
the Loayza Tamayo and Street Children (Villagrán Morales et al) cases, that “a person who
is unlawfully detained is in an exacerbated situation of vulnerability creating a real risk that
his other rights, such as the right to humane treatment and to be treated with dignity, will
be violated”. 157 Indeed, there are numerous instances in the Inter‐American human rights
system in which completely unlawful detentions were the first step leading to extrajudicial
executions, forced disappearances, and the carrying out of individual acts or systematic
practice of torture.
125.
The IACHR has ascertained that prolonged periods of detention before
charges are brought and before trial, and lack of access to justice, pose a really serious
problem in several countries of the region. Thus, to cite one example, in its 2005 Country
Report on Haiti, the IACHR confirmed that detainees spent several months, and even years,
in detention cells before seeing a judge. Frequently, pretrial detention periods exceeded
the prison sentences they would have received, if convicted. 158 During a visit to the
National Penitentiary in April 2005, the IACHR discovered that only nine of the 1,052
inmates held there had been convicted of any crime. And, according to information
provided by the Ministry of Justice, only four of the 117 women held in the Petionville
women’s prison had been sentenced. 159
155
See, IACHR, Haiti: Failed Justice or the Rule of Law? Challenges ahead for Haiti and the international
community, OEA/Ser/L/V/II.123 doc. 6 rev 1, adopted on October 26, 2005, (hereinafter “Haiti: Failed Justice or
the Rule of Law? Challenges ahead for Haiti and the international community”), Ch. III, para. 113; and IACHR, Fifth
Report on the Situation of Human Rights in Guatemala, Ch. VII, para. 37; IACHR, Third Report on the Situation of
Human Rights in Paraguay, OEA/Ser.L/V/II.110 Doc.52, adopted on March 2001, (hereinafter “Third Report on the
Situation of Human Rights in Paraguay”), Ch. IV, para. 30; IACHR, Report on the Situation of Human Rights in the
Dominican Republic, Ch. VI, para.219..
156
See, e.g., IACHR, Report on the Situation of Human Rights in Mexico, Ch. III, para. 219.
157
I/A Court H.R., Case of The “Street Children” V. Guatemala (Villagrán Morales et al.). Judgment of
November 19, 1999. Series C No. 63, para. 166; /A Court H.R., Case of Loayza Tamayo V. Peru. Judgment of
September 17, 1997. Series C No. 33, para. 57.
158
A clear example of this situation is observed in the case Yvone Neptune, in which the victim did not
appear before a judge until eleven months after his arrest. I/A Court H.R., Case of Yvon Neptune V. Haiti. Merits,
Reparations and Costs. Judgment of May 6, 2008. Series C No. 180, paras. 102‐103.
159
IACHR, Haiti: Failed Justice or the Rule of Law? Challenges ahead for Haiti and the nternational
community, Ch. III, para. 165.
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