23
68.
In addition, as already mentioned, the Principles and Best Practices on the
Protection of Persons Deprived of Liberty in the Americas are grounded in the fundamental
idea that:
All persons subject to the jurisdiction of any member State of the
Organization of American States shall be treated humanely, with
unconditional respect for their inherent dignity, fundamental rights and
guarantees, and strictly in accordance with international human rights
instruments.
In particular, and taking into account the special position of the States as
guarantors regarding persons deprived of liberty, their life and personal
integrity shall be respected and ensured, and they shall be afforded
minimum conditions compatible with their dignity. (Principle I)
69.
In the Universal human rights system, the International Covenant on Civil
and Political Rights expressly enshrined the principle of humane treatment as the core of
its Article 10, which establishes the fundamental norms applicable to persons deprived of
liberty. Article 10(1) provides: “[a]ll persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.” 88
70.
Criminal sanctions are an expression of the punitive power of the State
and entail the limitation, deprivation, or alteration of the rights of persons as a
consequence of illicit conduct. 89 The rigor of the criminal justice response to certain
punishable conduct is determined by the seriousness of the sanction that the criminal law
prescribes for that conduct. This is already determined ahead of time by the law.
Therefore, the State as guarantor of the rights of every person under its custody has the
duty to ensure that the manner and method of the deprivation of liberty does not exceed
the level of suffering inherent to being locked up. 90
88
This principle is developed more extensively by other international instruments adopted within the
framework of the United Nations, such as the Standard Minimum Rules for the Treatment of Prisoners, Rule 57;
the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 1;
and the UN Basic Principles for the Treatment of Prisoners, Principles 1 and 5. See also, United Nations, Human
Rights Committee, General Comment No. 21: Humane treatment of persons deprived of liberty, adopted at the
th
44 session (1992), paras. 2‐4. 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.
89
I/A Court H.R., Case of García Asto and Ramírez Rojas V. Peru. Judgment of November 25, 2005.
Series C No. 137, para. 223; I/A Court H.R., Case of Lori Berenson Mejía V. Peru. Judgment of November 25, 2004.
Series C No. 119, para. 101.
90
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 Yvon Neptune V. Haiti.
Merits, Reparations and Costs. Judgment of May 6, 2008. Series C No. 180; para. 130; 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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents