114
between the database of the register and any other relevant databases; (c) guarantee
that the register respects the requirements of access to information and privacy; and (d)
400
an oversight mechanism to ensure that authorities comply with those processes.
301.
To summarize, the Commission considers that keeping an adequate
register of people deprived of liberty is not only a guarantee against forced
disappearance and violations of other basic rights but is, in addition, a basic tool for
upholding other procedural rights and also an essential requirement for the correct
management of prison systems. The existence of a complete, exact, and accessible
system of case files is a prerequisite for effective decision-making and good
management within the prison service. Among people held in detention while awaiting
trial, a lack of precise records, including hearing dates, can lead to considerable delays.
Maintaining efficient systems for recording pretrial detention orders and for
communicating with the relevant courts is important to duly monitor compliance with
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the maximum allowable durations of pretrial detention.
B.
Transparency in prison operations
302.
After conducting a general analysis of the prison situation in the
region, the Inter-American Commission concluded that one of the most serious and
widespread problems is corruption and the lack of transparency in prison management.
Traditionally, prisons have been isolated places largely kept away from public scrutiny
402
and State monitoring and oversight.
303.
In light of this reality, and given the fundamental nature of the human
rights at play when incarceration is ordered, the Commission underscores that prison
management in general must be governed by strict criteria of transparency, openness,
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The Inter-American Court has established, as a
and independent monitoring.
fundamental principle, that “[t]he way a detainee is treated must be subject to the
404
closest scrutiny, bearing in mind the detainee’s special vulnerability.” Similarly, the
400
I/A Court H.R., Case of Cabrera García and Montiel Flores v. Mexico. Preliminary Objection,
Merits, Reparations, and Costs. Judgment of November 26, 2010. Series C No. 220, para. 243 and operative
paragraph 16.
401
UN, Twelfth Congress on Crime Prevention and Criminal Justice, held in Salvador, Brazil, April 12
to 19, 2010. See Background paper on the Workshop on Strategies and Best Practices against Overcrowding in
Correctional Facilities, A/CONF.213/16, published January 25, 2010, para. 13.
402
and 182.
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 2, 4
403
IACHR, Truth, Justice and Reparation: Fourth Report on the Situation of Human Rights in
Colombia, 2013, Ch. VI(G).
404
I/A Court H.R., Case of Tibi v. Ecuador. Judgment of September 7, 2004. Series C No. 114, para.
262; and I/A Court H.R., Case of Bulacio v. Argentina. Judgment of September 18, 2003, Series C No. 100, para.
126.
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