119
American Convention
Article 5
(1) Every person has the right to have his physical, mental, and moral
integrity respected. (2) No one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. All persons deprived of
their liberty shall be treated with respect for the inherent dignity of the
human person. (3) Punishment shall not be extended to any person other
than the criminal. (4) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons, and shall be
subject to separate treatment appropriate to their status as non‐
convicted persons. (5) Minors while subject to criminal proceedings shall
be separated from adults and brought before specialized tribunals, as
speedily as possible, so that they may be treated in accordance with their
status as minors. (6) Punishments consisting of deprivation of liberty
shall have as an essential aim the reform and social readaptation of the
prisoners.
331.
The American Convention attaches a high degree of importance to the
right to humane treatment: not only does it establish its non‐derogable nature in time��of
war, public danger or other emergency that threatens the independence or security of the
State (Article 27), but it also does not set forth any specific exceptions to when it applies. 373
In short, the right to humane treatment cannot be suspended under any circumstance.
Securing respect for the basic human integrity of all individuals in the Americas, regardless
of their personal circumstances, is a central purpose of the Convention in general, and of
its Article 5 in particular. 374
332.
Moreover, while the American Declaration does not contain a general
provision on the right to humane treatment, the Commission has interpreted Article I of
the American Declaration as containing a prohibition similar to that under the American
Convention. In fact it has specified that an essential aspect of the right to personal security
is the absolute prohibition of torture, a peremptory norm of international law creating
obligations erga omnes. It has also qualified the prohibition of torture as a norm of jus
cogens. 375
373
In the same vein, the United Nations Human Rights Committee has referred regarding the legal
regime established by Articles 4 and 7 of the International Covenant on Civil and Political Rights. See, United
Nations, Human Rights Committee, General Comment No. 20: Prohibition of torture, or other cruel, inhuman or
th
degrading treatment or punishment (Article 7), adopted at the 44 session (1992), para. 3. In Compilation of
General Comments and General Recommendations adopted by human rights treaty bodies, Volume I,
HRI/GEN/1/Rev.9 (Vol. I) adopted on May 27, 2008, p. 239.
374
IACHR, Report No. 50/01, Case 12,069, Merits, Damion Thomas, Jamaica, April 4, 2001, para. 36.
375
IACHR, Report on Terrorism and Human Rights, para. 155; IACHR, Report on the Situation of Human
Rights of Asylum Seekers within the Canadian Refugee Determination System, OEA/Ser.L/V/II.106. Doc. 40 rev.,
adopted on February 28, 2000, paras. 118 and 154.
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