54
Admission
147.
Referring to the admission of persons to prisons, the Principles and Best
Practices establish:
Principle IX (1): The authorities responsible for places of deprivation of
liberty shall refuse the admission of any person, unless this is authorized
by a commitment order or an order of deprivation of liberty issued by a
judicial, administrative, medical or other competent authority, in
accordance with the requirements set out by law.
Upon admission, the persons deprived of their liberty shall be informed
clearly and in a language they understand, either in writing, verbally, or
by other means, of their rights, duties, and prohibitions in their place of
deprivation of liberty. 190
148.
Proper oversight of the admission of people to detention centers, which
entails appropriate verification of the existence of an order of deprivation of liberty issued
by a competent authority, is an added element reinforcing the legality of the deprivation of
liberty itself. Detention center or prison personnel must make sure that each admission is
duly authorized, as manifested by a valid commitment order. 191 Responsibility for
complying with this requirement lies with both the central administration and the director
and staff of each detention center. 192 Notwithstanding that requirement, in each such case,
the person admitted must be brought immediately before a competent judicial authority.
149.
It is also essential that the authorities ensure that each detainee or prison
inmate has been correctly identified and is in fact the person referred to in the arrest
warrant or sentence. In April and May 2010, for instance, the IACHR learned that in
Colombia at least 4,907 prison inmates, or 6.17% of the prison population, had not been
fully identified. 193 They allegedly include inmates referred to in proceedings under several
names or “alias” who carry no identity documents or whose I.D.s in fact pertain to other
people (including deceased persons or women). 194 That being so – in Colombia and in other
190
In the same vein, see, the Standard Minimum Rules for the Treatment of Prisoners (Rules 7.2 and
35); the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
(Principles 13 and 14); and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Rules
20 and 24).
191
In the region, this guarantee is stated, for example, in the Constitutions of Bolivia Article 23 (VI) and
Chile Article 19.7.
192
See in this regard, Penal Reform International (PRI), Manual de Buena Práctica Penitenciaria:
Implementación de las Reglas Mínimas de Naciones Unidas para el Tratamiento de los Reclusos, 2002, p. 26.
193
According to an official statement release by the head of the Department of Correctional Services
(Instituto Nacional Penitenciario ‐ INPEC), release on April 19, 2010.
194
See in this regard, El INPEC Desconoce la Identidad de 28 mil Presos Bajo su Custodia, an article
issued by Diario El Tiempo on April 18, 2010. See also, El INPEC Pidió brazaletes para Reos Muertos, Libres o
Ilocalizables, and article issued by Diario El Tiempo on May 26, 2010.
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