Inter-American Court of Human Rights

Pleadings of the representatives

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Pleadings of the representatives

236. In the case of Article 25 of the American Convention, in relation to Article 1(1) thereof, the representatives alleged that:

a) the State violated that article of the Convention, read in combination with Article 19 thereof and the corresponding Articles of the Convention on the Rights of the Child, by maintaining a juvenile justice system that violated the guarantees of due process;
b) special measures of protection were needed during the juveniles’ cases and the State’s discretionary authority should have been restricted;
c) the judicial protection required under Article 25 of the Convention applies not just to differences between adults, but also when settling disputes involving children and adolescents, and to proceedings or procedures for determining their rights or situations;
d) no prompt and effective remedy was available to defend the rights of minors;
e) the State never complied with the court ruling that granted a writ of generic habeas corpus (which took five years to get through the judicial system) and ordered that all the alleged victims be taken to a proper detention facility. The situation was particularly serious, since the lives and physical integrity of the juveniles on whose behalf the writ was granted were at stake;
f) the remedies attempted to ascertain the authorities’ blame for the human rights violations at the Center were ineffective;

g) there was no effective judicial protection for the deceased alleged victims, for those who sustained burns and injuries and for their next of kin, since the State failed to exhaust all the means at its disposal to conduct a serious investigation and punish those responsible for the human rights violations denounced; and

h) the State is responsible for failing to investigate those responsible for keeping the detention facility in such deplorable condition and those responsible for the torture. In the instant case, the interpretation of Article 25 must take into account the purpose of the Convention on the Rights of the Child, which protects the rights of those persons who, because of their age, do not yet have full legal standing.

Directory: docs -> casos -> articulos
docs -> #17622 Relational Leadership: New Developments in Theory and Practice
docs -> Leadership Development Programs and ecq-based Readings
articulos -> Inter-American Court of Human Rights Case of Loayza-Tamayo v. Peru Judgment of November 27, 1998
articulos -> Inter-American Court of Human Rights Case of DaCosta Cadogan v. Barbados Judgment of September 24, 2009
articulos -> Inter-American Court of Human Rights Case of Albán-Cornejo et al v. Ecuador Judgment of August 5, 2008
articulos -> Inter-American Court of Human Rights Case of Baldeón-García v. Perú Judgment of April 6, 2006
casos -> Operation Condor
casos -> Humberto antonio sierra porto and eduardo ferrer mac-gregor poisot case of the kali
articulos -> Official summary issued by the inter-american court

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