57
competent authority, time of admission and release, and information regarding the arrest
warrant. 199
155.
In addition, in its Report on Terrorism and Human Rights, the Inter‐
American Commission on Human Rights emphasized that:
An effective system for registering arrests and detentions and making
that information available to family members, counsel and other persons
with legitimate interests in the information has also been widely
recognized as one of the most essential components of a properly
functioning justice system, as it provides crucial protection for the rights
of the detainee and reliable information for the accountability of the
system. 200
156.
The Working Group on Arbitrary Detention considers that keeping proper
records is a fundamental safeguard against disappearances, misuse of authority for corrupt
purposes, and detentions far exceeding the authorized term, which are equivalent to
arbitrary arrests with no legal basis. 201 In the same vein, the Subcommittee against Torture
argues that “keeping proper records of the deprivation of liberty is one of the fundamental
safeguards against torture and ill‐treatment and a prerequisite for the effective exercise of
due process rights.” 202
157.
Whether electronic or manual, a reliable registration and file
management system enables the authorities to know who is being held and for how long.
That information is essential for classifying inmates and, ultimately, for complying with the
principle of individualized treatment. The compilation, systematization, and classification of
data on prisoners and penitentiaries and the development of information management
systems are key elements for devising penitentiary policies and the actual management of
199
I/A Court H.R., Case of The “Panel Blanca” V. Guatemala (Paniagua Morales et al.). Reparations (Art.
63(1) American Convention on Human Rights). Judgment of May 25, 2001. Series C No. 76, paras. 195, 203 and
209 (Operative paragraph 4). See also, /A Court H.R., Case of Bámaca‐Velásquez V. Guatemala. Monitoring
Compliance with Judgment. Order of the Inter‐American Court of Human Rights of November 27, 2003 Operative
paragraph 3. To date, the Commission has no information indicating that this record of arrests has been
implemented by the State.
200
IACHR, Report on Terrorism and Human Rights, para. 122.
201
United Nations, Working Group on Arbitrary Detention, Report submitted to the Human Rights
Council, A/HRC/7/4, adopted on January 10, 2008, Ch. II(D): Detention registries and power to release prisoners,
para. 69.
202
United Nations, CAT/OP/HND/1, Report on the visit of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to Honduras, February 10, 2010, para. 144;
United Nations, CAT/OP/PRY/1, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment to Paraguay, June 7, 2010, para. 73. See also, United Nations,
Committee against Torture, General Comment No. 2: Application of the Article 2 by the States parties, adopted at
the 39º session (2007), para. 13. 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. 127.
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