13
Any form of detention, imprisonment, institutionalization, or custody of a
person in a public or private institution which that person is not
permitted to leave at will, by order of or under de facto control of a
judicial, administrative or any other authority, for reasons of
humanitarian assistance, treatment, guardianship, protection, or because
of crimes or legal offenses. This category of persons includes not only
those deprived of their liberty because of crimes or infringements or non
compliance with the law, whether they are accused or convicted, but also
those persons who are under the custody and supervision of certain
institutions, such as: psychiatric hospitals and other establishments for
persons with physical, mental, or sensory disabilities; institutions for
children and the elderly; centers for migrants, refugees, asylum or
refugee status seekers, stateless and undocumented persons; and any
other similar institution the purpose of which is to deprive persons of
50
their liberty.
Therefore, the considerations set forth in this report apply to these other settings. In effect,
the deprivation of liberty of a person is a condition that can occur in different contexts;
therefore, the States’ obligations to respect and ensure human rights transcend merely
prison and police‐related situations. 51
39.
In practice, the IACHR has decided several cases in which the facts alleged
occurred in places other than prisons, such as airports, 52 military checkpoints, 53 INTERPOL
offices, 54 naval bases, 55 clandestine detention centers, 56 and psychiatric hospitals, 57 among
others. In addition, it has issued precautionary measures to protect persons who at the
time of the facts were confined in psychiatric hospitals, 58 military hospitals, 59 and
50
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
(General Provision).
51
This broad concept of the deprivation of liberty is reflected in several international instruments.
Thus, for example, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OP‐CAT) provides that for its purposes deprivation of liberty is understood
to mean “any form of detention or imprisonment or the placement of a person in a public or private custodial
setting which that person is not permitted to leave at will by order of any judicial, administrative or other
authority.” (Article 4.2)
52
IACHR, Report No. 84/09, Case 12,525, Merits, Nelson Iván Serrano Sáenz, Ecuador, August 6, 2009.
53
IACHR, Report No. 53/01, Case 11,565, Merits, Ana Beatriz and Celia González Pérez, Mexico, April 4,
2001.
54
IACHR, Report No. 64/99, Merits, Case 11,778, Ruth del Rosario Garcés Valladares, Ecuador, April 13,
1999.
55
IACHR, Report No. 1/97, Case 10,258, Merits, Manuel García Franco, February 18, 1998.
56
IACHR, Report No. 31/96, Case 10,526, Merits, Diana Ortiz, Guatemala, October 16, 1996.
57
IACHR, Application to the I/A Court H.R. in the Case of Damiao Ximenes Lopes, Case No. 12,237,
Brazil, October 1, 2004.
58
Precautionary Measures MC‐277‐07, Hospital Neuropsiquiátrico, Paraguay.
59
Precautionary Measures MC‐209‐09, Franklin José Brito Rodríguez, Venezuela.
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