20
60.
In addition to the political will of the States to address the challenges
posed by the prison situation, and the normative and institutional measures that can be
adopted, it is fundamental to recognize the importance of an adequate allocation of
resources that makes it possible to implement prison policies. 79 In effect, the adoption of
specific measures aimed at resolving the structural shortcomings of the prisons requires a
major decision to earmark the resources necessary to cover everything from such basic
needs as provision of food, drinking water, and hygienic services to implementing work and
educational programs that are fundamental for meeting the objectives of the penalty, and,
if necessary, to adequately cover the prison systems’ operating costs.
61.
In addition, the lack of economic resources does not justify the violation,
by the State, of non‐derogable rights of persons deprived of liberty. 80 In this regard, the
Inter‐American Court has consistently affirmed that “the States cannot invoke economic
hardships to justify imprisonment conditions that do not comply with the minimum
international standards and respect the inherent dignity of the human being.” 81
62.
The IACHR has made pronouncements along the same lines on several
occasions; 82 for example, on referring to the conditions of detention of children and
adolescents deprived of liberty in Haiti, where it affirmed that “proper attention to the
rights of Haitian children and adolescents cannot wait until Haiti’s complex political and
social problems are resolved.” 83 In addition, the IACHR, in reports on the merits on
Jamaica, has indicated that the provisions on treatment in Article 5 of the American
Convention apply independent of the level of development of the State party to the
Convention, 84 and even if the economic or budgetary circumstances of the State party may
make it difficult to observe it. 85
79
See in this regard, IACHR, Report on the Situation of Human Rights in Ecuador, Ch. VI; and IACHR,
Report on the Situation of Human Rights in Brazil, OEA/Ser.L/V/II.97. Doc. 29 rev. 1, adopted on September 29,
1997. (hereinafter “Report on the Situation of Human Rights in Brazil”), Ch. IV.
80
United Nations, Human Rights Committee, General Comment No. 21: Humane treatment of persons
th
deprived of liberty, adopted at the 44 session (1992), para. 4. 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. 242.
81
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. 198; I/A Court H.R., Case of Boyce et al. V. Barbados.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 169, para. 88;
I/A Court H.R., Case of Montero Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006. Series C
No. 150, para. 85; I/A Court H.R., Case of Raxcacó Reyes V. Guatemala. Judgment of September 15, 2005. Series C
No. 133, para. 96.
82
See, e.g., IACHR, Press Release 104/10 – Office of the Rapporteur Attests to Structural Deficiencies in
Prison System of El Salvador. Washington, D.C., October 20, 2010.
83
IACHR, Annual Report 2006, Chapter IV, Haiti, OEA/Ser.L/V/II.127. Doc. 4 ver. 1, adopted on March 3,
2007, para. 129; IACHR, Annual Report 2005, Chapter IV, Haiti, OEA/Ser.L/V/II.124. Doc. 7, adopted on February
27, 2006, para. 245.
84
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. 203.
85
IACHR, Report No. 50/01, Case 12,069, Merits, Damion Thomas, Jamaica, April 4, 2001, para. 37.
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