113
298.
The Inter-American Commission considers that the existence of a
centralized, technically organized, efficient, and accessible register is not only an
essential safeguard for protecting the lives and physical integrity of people deprived of
liberty, but is also one of the basic components of an adequately operating criminal
justice system. Such systems, when they are efficient, provide valuable information that
can be used to design and implement policies and to secure accountability within the
397
criminal justice system.
299.
Further analyzing the content and scope of this international
obligation, in its Report on the Human Rights of Persons Deprived of Liberty in the
Americas the Commission stated that proper management of inmates’ records and case
files requires that information be dealt with in an organized and efficient manner at
each detention center, and that it is available through centralized information systems;
that all the authorities involved in those processes are properly trained and provided
with the appropriate instruments and technological tools for discharging their functions;
and that suitable oversight and monitoring mechanisms be established to ensure that
these admission and registration procedures are effectively observed. In addition, States
have the duty of acting with due diligence in transferring and archiving documents sent
398
to detention centers from courts and tribunals.
300.
Similarly, following the cases of Paniagua Morales and others and Juan
Humberto Sánchez, the Inter-American Court established the duty of States to
guarantee the accuracy and accessibility of records of detainees on the basis of the
399
general obligation enshrined in Article 2 of the American Convention. Later, in the
case of Cabrera García and Montiel Flores, the Court ruled that a proper records system
should have the following characteristics: (a) continuous updating; (b) interconnection
…continuation
deprived of liberty to the institution; f. The authority legally responsible for supervising the deprivation of
liberty; g. Time and date of admission and release; h. Time and date of transfers to another place and the
destination; i. Identity of the authority who ordered the transfer and of the one who is responsible for it; j.
Inventory of personal effects; and k. Signature of the persons deprived of liberty, or where this is impossible,
an explanation about the reasons thereof.”
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IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 153
and 155; IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VII, para. 18; IACHR, Report
on Terrorism and Human Rights, OEA/Ser.L/V/II.116 Doc. 5 rev. 1 corr., adopted October 22, 2002, para. 122.
Similarly, in its recent Report on the Situation of Human Rights in Jamaica, the IACHR highlighted the lack of
public statistics on arrests, stating that this prevented the government from controlling or regulating them
and, at the same time, that it prevented civil society from monitoring detention practices and reporting
possible abuses committed by public authorities. IACHR, Report on the Situation of Human Rights in Jamaica,
OEA/Ser.L/V/II.144 Doc 12, adopted August 10, 2012, para. 179.
398
161.
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 157-
399
I/A Court H.R., The “Panel Blanca” Case (Paniagua Morales et al.) v. Guatemala. Reparations
(Art. 63.1 American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, paras. 195 and
203; and I/A Court H.R., Case of Juan Humberto Sánchez v. Honduras. Judgment of June 7, 2003. Series C No.
99, para. 189.
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