152
431.
Attention to prison conditions in the hemisphere is not only a concrete
legal duty stemming from the American Convention and Declaration, but is a priority set
forth at the highest level of political will by the States of the Hemisphere in the Plans of
Action of the Summits of the Americas. 511
432.
The IACHR has noted that the State must ensure the following essential
minimum requirements: “access to drinking water, sanitary facilities, personal hygiene,
floor space, light and ventilation, sufficient and adequate food; and adequate bedding.” 512
Traditionally, the IACHR has considered that Rules 10, 11, 12, 15 and 21 of the Standard
Minimum Rules for the Treatment of Prisoners constitute reliable criteria of reference as
minimum international norms for humane treatment of inmates regarding
accommodations, hygiene and physical exercise. 513 And it has considered that these rules
apply regardless of the type of behavior for which the person in question has been
imprisoned and the level of development of the State. 514 Currently, the position of the
IACHR with regard to these minimum conditions is set forth in the Principles and Best
Practices on the Protection of Persons Deprived of Liberty in the Americas.
433.
In examining individual cases, both the IACHR, 515 and the Court 516 have
taken into consideration the cumulative effect or impact of the conditions of imprisonment
511
See, Plan of Action of the third Summit of the Americas, held in Quebec, Canada, on the 2001,
available at: http://www.summit‐americas.org/iii_summit/iii_summit_poa_en.pdf; and Plan of Action of the First
Summit of the Americas, held in Miami, Florida in the United States of America, on 1994, available at:
http://www.summit‐americas.org/i_summit/i_summit_poa_en.pdf.
512
IACHR, Follow‐up Report ‐ Access to Justice and Social Inclusion: The Road Towards Strengthening
Democracy in Bolivia, OEA/Ser/L/V/II.135. Doc. 40, adopted on August 7, 2009, Ch. V, para. 123.
513
These norms set forth the following standards: “[a]ll accommodation provided for the use of
prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being
paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and
ventilation;” (Rule 10) “[i]n all places where prisoners are required to live or work, (a) [t]he windows shall be large
enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow
the entrance of fresh air whether or not there is artificial ventilation; (b) [a]rtificial light shall be provided
sufficient for the prisoners to read or work without injury to eyesight;” (Rule 11) “[t]he sanitary installations shall
be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean decent
manner;” (Rule 12) “[p]risoners shall be required to keep their persons clean, and to this end they shall be
provided with water and with such toilet articles as are necessary for health and cleanliness;” (Rule 15) “[e]very
prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air
daily if the weather permits; [y]oung prisoners, and others of suitable age and physique, shall receive physical and
recreational training during the period of exercise. To this end space, installations and equipment should be
provided.” (Rules 21.1 and 21.2).
514
IACHR, Report No. 28/09, Case 12.269, Merits, Dexter Lendore, Trinidad y Tobago, March 20, 2009,
paras. 30‐31; IACHR, Report No. 78/07, Case 12.265, Merits, Chad Roger Goodman, Bahamas, October 15, 2007,
paras. 86‐87; IACHR, Report No. 67/06, Case 12.476, Merits, Oscar Elías Biscet et al., Cuba, October 21, 2006, para.
152; IACHR, Report No. 76/02, Case 12.347, Merits, Dave Sewell, Jamaica, December 27, 2002, paras. 114‐ 115.
515
IACHR, Report No. 28/09, Case 12.269, Merits, Dexter Lendore, Trinidad y Tobago, March 20, 2009,
para. 34; IACHR, Report No. 76/02, Case 12.347, Merits, Dave Sewell, Jamaica, December 27, 2002, para. 116,
IACHR, Report No. 56/02, Case 12.158, Merits, Benedict Jacob, Grenada, October 21, 2002, para. 94; IACHR,
Report No. 41/04, Case 12.417, Merits, Whitley Myrie, Jamaica, October 12, 2004, para. 46.
516
See, e.g., I/A Court H.R., Case of Vélez Loor V. Panama. Preliminary Objections, Merits, Reparations,
and Costs. Judgment of November 23, 2010 Series C No. 218, para. 227; I/A Court H.R., Case of Boyce et al. V.
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