12
torture, and other cruel, inhuman or degrading treatment or punishment; 43 the Code of
Conduct for Law Enforcement Officials; 44 the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials; 45 United Nations Standard Minimum Rules for Non‐
custodial Measures (Tokyo Rules); 46 and the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice (the Beijing Rules). 47
37.
These international instruments have been used consistently by the
Commission and by the Inter‐American Court (hereinafter also “the Court”) as guidance for
interpretation in determining the content and scope of the provisions of the American
Convention in cases involving persons deprived of liberty, particularly the Standard
Minimum Rules for the Treatment of Prisoners, which it’s importance and universality have
been recognized by both the Court 48 and the Commission. 49
D.
Scope of the concept of deprivation of liberty
38.
While this report is focused mainly on the situation of persons deprived
of liberty in prisons, provisional detention centers, and police stations, the IACHR
underscores that the concept of “deprivation of liberty” encompasses:
43
United Nations, Principles of Medical Ethics relevant to the role of health personnel, particularly
physicians, in the protection of prisoners and detainees against torture, and other cruel, inhuman or degrading
treatment or punishment, adopted by UN General Assembly resolution 37/194, December 18, 1982.
44
United Nations, Code of Conduct for Law Enforcement Officials, adopted by General Assembly
resolution 34/169, December 17, 1979.
45
United Nations, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials,
adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held
in Havana, Cuba, from August 27 to September 7, 1990.
46
United Nations, United Nations Standard Minimum Rules for Non‐custodial Measures (Tokyo Rules),
adopted by General Assembly resolution 45/110, December 14, 1990.
47
United Nations, United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(the Beijing Rules), adopted by General Assembly resolution 40/33, November 29, 1985.
48
See in this regard, I/A Court H.R., Case of Raxcacó Reyes V. Guatemala. Judgment of September 15,
2005. Series C No. 133, para. 99.
49
See in this regard, Special Report on the Human Rights Situation at the Challapalca prison,
OEA/Ser.L/V/II.118, doc. 3, adopted on October 9, 2003, (hereinafter “Special Report on the Human Rights
Situation at the Challapalca prison”), paras. 16 and 17; IACHR, Report No. 28/09, Merits, Dexter Lendore, Trinidad
and Tobago, March 20, 2009, paras. 30 and 31; IACHR, Report No. 78/07, 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 and 115; IACHR, Report No. 58/02. Case 12,275, Merits, Denton Aitken, Jamaica, October 21,
2002, para. 134 and 135; Report No. 127/01, Case 12,183, Merits, Joseph Thomas, Jamaica, December 3, 2001,
para. 133; IACHR, Report No. 49/01, Cases 11,826, 11,843, 11,846, 11,847, Merits, Leroy Lamey, Kevin Mykoo,
Milton Montique, Dalton Daley, Jamaica, April 4, 2001, para. 204; IACHR, Report No. 48/01, Merits, Cases 12,067,
12,068 and 12,086, Michael Edwards, Omar Hall, Brian Schroeter and Jerónimo Bowleg, Bahamas, April 4, 2001,
para. 195; and IACHR, Report No. 41/00, Cases 12,023, 12,044, 12,107, 12,126, 12,146, Merits, Desmond
McKenzie et al., Jamaica, April 13, 2000, para. 289. In addition, in its country reports the IACHR has repeatedly
used both the Standard Minimum Rules and the results of the international instruments mentioned above.
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