6
17
8.2). The right to the presumption of innocence is fleshed out more fully under
Chapter III of the report.
17.
Furthermore, this report is based, as is the Report on the Rights of
Persons Deprived of Liberty in the Americas, on the following three principles:
(a)
The principle of humane treatment, under which all persons deprived
of liberty shall be treated with unconditional respect for their inherent dignity and
18
fundamental rights. In other words, the imprisonment of an individual should not
19
exceed the restrictions or suffering inherent to being locked up. As the SRT has
asserted, “[t]he principle of humane treatment of persons deprived of liberty
constitutes the starting point for any consideration of prison conditions and the design
20
of prison regimes.” The principle of humane treatment is related to every aspect of
the treatment afforded by the State to the persons under its custody, particularly with
respect to the conditions of imprisonment and security.
(b)
The principle of the State’s position of guarantor, under which the
State, in depriving persons of their liberty, assumes a position of guarantor of their
fundamental rights, particularly of their right to life and to personal integrity. The
exercise of the power of custody entails the special responsibility of ensuring that the
deprivation of liberty serves its purpose and does not lead to the violation of other basic
21
rights. In this sense, it is fundamental to meet the basic needs of the prison
population, including providing medical services, meals, drinking water, and above all
ensuring basic conditions of internal security at prison facilities. This principle is closely
tied to the principle of humane treatment.
(c)
The principle of compatibility between respect for the fundamental
22
rights of persons deprived of liberty and the attainment of the aims of citizen security,
17
IACHR, Report No. 50/00, Case 11.298, Merits, Reinaldo Figueredo Planchart, Venezuela, April
13, 2000, para. 118.
18
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
Americas, approved by the IACHR under Resolution 1/08 at its 131st regular period of sessions, March 3-14,
2008 (hereinafter “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
Americas”), Principle I.
19
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas,
OEA/Ser.L/V/II, adopted on December 31, 2011 (hereinafter “Report on the Human Rights of Persons Deprived
of Liberty in the Americas”), paras. 66 et seq.
20
UN, Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or
punishment, Interim Report, A/68/295, published on August 9, 2013, para. 35.
21
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, paras. 8, 46 –
65; IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VIII, para. 1.
22
On this topic, the Declaration of Salvador reaffirms “the necessity of respecting and protecting
human rights and fundamental freedoms in the prevention of crime and the administration of, and access to,
justice, including criminal justice. […];” and recognizes that “an effective, fair and humane criminal justice
system is based on the commitment to uphold the protection of human rights in the administration of justice
and the prevention and control of crime.” UN, Salvador Declaration on Comprehensive Strategies for Global
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