VI.
RECORDS OF DETAINEES, TRANSPARENCY IN PRISON OPERATIONS,
AND MANAGEMENT OF INFORMATION ON THE USE OF PRETRIAL
DETENTION
A.
Records of detainees
296.
One of the basic tenets of international human rights law regarding
the treatment of persons deprived of liberty is the State’s duty to keep records of the
individuals held in its custody. This duty, which was originally circumscribed in a very
specific manner to the protection of such rights as the right to life and personal integrity
has evolved to the point to be considered a necessary element for ensuring the right to
personal liberty and the right to due process, and has even become an indispensable
component in the design of criminal and prison policies.
297.
Treaty law contains two binding provisions that are of relevance to the
OAS member States in connection with keeping records of arrests: Article 17.3 of the
International Convention for the Protection of All Persons from Enforced
393
and Article XI of the Inter-American Convention on Forced
Disappearance,
394
In addition, there are specific provisions in other
Disappearance of Persons.
international instruments that have been broadly acknowledged and accepted as valid
by the international community, such as the Minimum Rules for the Treatment of
395
Prisoners (Rule 7.1), the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment (Principle 12), the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (Rule 21), and, most particularly, the
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
396
Americas (Principle IX).
393
UN, International Convention for the Protection of All Persons from Enforced Disappearance,
adopted and opened for signature, ratification, and adhesion by the General Assembly by means of resolution
A/RES/61/177, December 20, 2006. Eighteen OAS member states are parties to this instrument: Argentina,
Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, Guatemala, Haiti, Honduras, Mexico, Panama,
Paraguay, Peru, Saint Vincent and the Grenadines, Uruguay, and Venezuela.
394
OAS, Inter-American Convention on Forced Disappearance of Persons, adopted in Belém do Pará,
Brazil, June 9, 1994, at the twenty-fourth regular period of sessions of the General Assembly. This has been
ratified by fourteen member states: Argentina, Bolivia, Chile, Costa Rica, Ecuador, Guatemala, Honduras,
Mexico, Panama, Paraguay, Peru, Uruguay, and Venezuela.
395
In his recent report on the Minimum Rules review process, the Special Rapporteur on Torture
reiterated the importance of an official registry as one of the fundamental safeguards against torture or other
ill-treatment and outlined a series of elements that any new version of this international instrument should
include to address the matter. UN, Interim Report of the Special Rapporteur on Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, A/68/295, published August 9, 2013, para. 43.
396
This provision states that: “The personal data of persons admitted to places of deprivation of
liberty shall be recorded into an official register, which shall be made available to the person deprived of
liberty, his or her representative, and the competent authorities. The register shall include, as a minimum the
following information: a. Personal information including, at least, the following: name, age, sex, nationality,
address and name of parents, family members, legal representatives or defense counsel if applicable, or other
relevant data of the persons deprived of liberty; b. Information concerning the personal integrity and the state
of health of the persons deprived of liberty; c. Reason or grounds for the deprivation of liberty; d. The
authority that ordered or authorized the deprivation of liberty; e. The authority that conducted the person
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