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IV.
RIGHT TO HUMANE TREATMENT
A.
Basic standards
328.
The right to life and to humane treatment are fundamental for the
exercise of all other rights, and they are essential minimums for the exercise of any
activity. 371 As emphasized above, the State is in a special position as guarantor regarding
persons under its custody and, in this capacity, it has the special duty to respect and ensure
the human rights of inmates, particularly, their right to life and humane treatment. In this
regard, the IACHR emphasized in its Report on Citizen Security and Human Rights that:
The activity of the security forces lawfully directed toward the protection
of the population is fundamental in achieving the common good in a
democratic society. At the same time the abuse of police authority in the
urban setting constitutes a high risk factor for the enforcement of
individual liberty and security. Human rights as limits on the arbitrary
exercise of authority constitute an essential safeguard for the security of
the public in preventing the State’s lawful measures, enacted in order to
372
protect general security, from being used to suppress rights.
329.
This analysis of inmates’ right to humane treatment goes hand in hand
with other chapters of this report, in which other aspects are also examined regarding
effective enjoyment of this right, such as the chapter on the duty of the State to provide
medical care to persons deprived of liberty.
330.
In the Inter‐American human rights system, the right to humane
treatment is prescribed primarily in Article I, XXV and XXVI of the American Declaration and
Article 5 of the American Convention, which provide:
American Declaration
Article I. Every human being has the right to life, liberty and the security
of his person.
Article XXV. […] Every individual who has been deprived of his liberty […]
has the right to humane treatment during the time he is in custody.
Article XXVI. Every person accused of an offense has the right […] not to
receive cruel, infamous or unusual punishment.
371
IACHR, Democracy and Human Rights in Venezuela, Ch. VI, para. 667.
372
IACHR, Report on Citizen Security and Human Rights, para. 24.
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