18
all, a radical decline in the individual's means of defending himself. All
this means that the act of imprisonment carries with it a specific and
material commitment to protect the prisoner's human dignity so long as
that individual is in the custody of the State, which includes protecting
him from possible circumstances that could imperil his life, health and
personal integrity, among other rights. 72
54.
The State is in the role of guarantor in situations such as internment in
psychiatric hospitals and institutions for persons with disabilities; institutions for children
and older adults; centers for migrants, refugees, asylum seekers, stateless persons, and
undocumented persons; and any other similar institution that deprives persons of liberty. 73
In each of these situations the specific measures adopted by the State will be determined
by the particular conditions and needs of the group in question.
55.
Similarly, the duty of the State to respect and ensure the rights of the
persons deprived of liberty is not limited to what happens within the institutions
mentioned, but also extends to circumstances such as the transfer of prisoners from one
establishment to another; their transfer to judicial proceedings; and their transfer to
hospital centers outside the confines of the institution in question.
56.
In addition, in those cases in which the provision of certain basic services
in jails – such as food or medical care – has been delegated or given in concession to
private persons, the State must supervise and control the conditions in which such services
are provided.
57.
Another legal consequence particular to the deprivation of liberty is the
rebuttable presumption that the State is internationally responsible for violations of the
rights to life or to humane treatment committed against persons under its custody. The
State bears the burden to rebut that presumption with sufficient evidence to the contrary.
Accordingly, the State has the responsibility to ensure the rights of the individuals under its
custody and to provide the information and evidence on what happens to them. 74
72
IACHR, Special Report on the Human Rights Situation at the Challapalca prison in Peru, para. 113;
IACHR, Report No. 41/99, Merits, Minors in Detention, Honduras, March 10 1999, para. 135.
73
IACHR, Principles and Best Practices on Persons Deprived of Liberty in the Americas, General
Provision.
74
I/A Court H.R., Case of Tibi V. Ecuador. Judgment of September 7, 2004. Series C No. 114, para. 129;
I/A Court H.R., Case of Bulacio V. Argentina. Judgment of September 18, 2003. Series C No. 100, para. 126. This
presumption was recognized by the Inter‐American Court when granting of provisional measures in the matter of
the Urso Branco Prison, in Brazil, in which the Court held:
In light of the responsibility of the State to adopt security measures to protect persons who
are under its jurisdiction, the Court deems that this duty is more evident with respect to
persons detained in a State detention center, in which case the responsibility of the State
must be presumed regarding what happens to those who are under its custody. I/A Court
H.R., Provisional Measures, Matter of Urso Branco Prison, Brazil, Order of the Inter‐
American Court of Human Rights, June 18, 2002, Considering paragraph 8.
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