Inter-American Court of Human Rights



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  Cf. IACtHR, Case of the Five Pensioners vs. Peru. Judgment of February 28, 2003, para. 156; IACtHR, Case of Cantos vs. Argentina, Preliminary Objections, Judgment of September 7, 2001, para. 37; IACtHR, Baena Ricardo et al. vs. Panama, Judgment of February 2, 2001, para. 98; IACtHR, Neira Alegría vs. Peru, Preliminary Objections, Judgment of December 11, 1991, para. 29; IACtHR, Velásquez Rodríguez vs. Honduras (Judgment of July 29, 1988), para. 184; see also IACtHR, Advisory Opinion OC-18/2003, on the Juridical Condition and Rights of Undocumented Migrants (September 17, 2003), paragraphs 83-110 and 157; IACtHR, Advisory Opinion OC-17/2002, on the Juridical Condition and Human Rights of the Child, August 28, 2002, paragraphs 66 and 87; IACtHR, Advisory Opinion OC-16/99, The Right to Information on Consular Assistance in the Framework of the Guarantees of Due Process of Law, October 1, 1999, paragraphs 58, 113 and 128; IACtHR, Advisory Opinion OC-14/94, International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights), December 9, 1994, para. 35.

3 A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, Vol. III, pp. 524-525tomo III, Porto Alegre/Brazil, S.A. Fabris Ed., 2003, pp. 524-525.

4 Docs. cits., paragraph 118 and p. 28, respectively.

5 Docs. cits., paragraph 119 and p. 28, respectively.

6 Doc. cit., paragraph 119.

7 In its brief answering the application (December 13, 2002), the State was very clear in pointing out that “the lack of means also makes it difficult to correct another problem, which is the segregation of those awaiting or standing trial from those already convicted. The State is making efforts to comply with this provision of the Constitution and the law and is already seeing results in some detention centers." (paragraph 201).
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