50 | Towards the Closure of Guantanamo B. Right to personal integrity 97. The right of persons deprived of liberty to humane treatment while under the custody of the State is a universally accepted norm in international law. 81 In its Report on Terrorism and Human Rights the IACHR stated: 82 98. Perhaps in no other area is there greater convergence between international human rights law and international humanitarian law than in the standards of humane treatment. While governed by distinct instruments, both regimes provide for many of the same minimum and non-derogable requirements dealing with the humane treatment of all persons held under the authority and control of the state. Moreover, under both regimes the most egregious violations of humane treatment protections give rise not only to state responsibility, but also individual criminal responsibility on the part of the perpetrator and his or her superiors. The American Declaration contains several provisions that concern humane treatment. First, the Commission has interpreted Article I of the Declaration (Right to life, liberty and personal security) as containing a prohibition on the imposition of torture or cruel, inhuman or degrading treatment or punishment on persons under any circumstances, similar to that under Article 5 of the American Convention. 83 In addition, Articles XXV and XXVI of the Declaration refer to the right to humane treatment in the context of the rights to protection from arbitrary arrest and to due process of law, as follows: Article XXV. […] Every individual who has been deprived of his liberty […] has the right to humane treatment during the time he is in custody. 99. Article XXVI. Every person accused of an offense has the right […] not to receive cruel, infamous or unusual punishment. Further, the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas are grounded on the fundamental idea that: All persons subject to the jurisdiction of any member State of the Organization of American States shall be treated humanely, with unconditional respect for their inherent dignity, fundamental rights and guarantees, and strictly in accordance with international human rights instruments. In particular, and taking into account the special position of the States as guarantors regarding persons deprived of liberty, their life and personal 81 82 83 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II.Doc.64, December 31, 2011, para. 66. IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 11. IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 184. Organization of American States | OAS