PREFACE
Since its establishment, the Inter‐American Commission on Human Rights has
devoted special attention to the situation of persons deprived of liberty in the Americas.
Accordingly, from its first country reports on Cuba and the Dominican Republic, until the
most recent one, on Venezuela and Honduras, the Commission has been referring
consistently to the rights of persons deprived of liberty. Visits to centers of detention have
been a constant in the most than 90 on‐site visits that it has carried out in the last 50 years.
In addition, the Inter‐American Commission on Human Rights has adopted a large number
of reports on contentious cases and has granted a large number of precautionary measures
aimed at protecting persons deprived of liberty in the Americas.
The Commission has found that respect for the rights of persons deprived of
liberty is one of the main challenges faced by the member States of the Organization of
American States. It is a complex matter that requires the design and implementation of
medium‐ and long‐term public policies, as well as the adoption of immediate measures
necessary to address the current and urgent situations that gravely affect fundamental
human rights of the inmate population.
The nature of the problems identified in this report reveals the existence of
serious structural shortcomings that gravely impair non‐derogable human rights, such as
the right to life and to humane treatment of inmates, and that in practice prevent penalties
of deprivation of liberty from meeting their essential aim as established by the American
Convention: the reform and social readaptation of convicts. Therefore, in order for the
prison systems – and particularly the deprivation of liberty as a response to crime – to
serve their essential purpose, the States must adopt specific measures aimed at addressing
these structural shortcomings.
In these circumstances, the Inter‐American Commission on Human Rights presents
this report for the purpose of helping the member States of the Organization of American
States to fulfill their international obligations, and to serve as a useful tool for the work of
those institutions and organizations committed to the promotion and defense of the rights
of persons deprived of liberty.
The Inter‐American Commission on Human Rights highlights and recognizes the
work of Commissioner Rodrigo Escobar Gil, Rapporteur on the Rights of Persons Deprived
of Liberty, in directing the work to produce this report. In addition, the Commission thanks
the contribution of the Pan American Health Organization on all issues related to the right
to medical care of persons deprived of liberty; and of the Centro de Estudios de Derecho
Internacional (Center for Studies in International Law) of the Universidad Javeriana of
Colombia on comparative constitutional law.
The preparation of this report was possible thanks to valuable financial support
from the Government of Spain.