22
Venezuela
The State’s total allocation to the Prison System in fiscal year 2010 was
395,607,899 bolívares fuertes, which represents 0.25% of the national
budget.
64.
The need to adopt comprehensive prison policies that propose the
adoption of different measures by different institutions is even more evident in those
States in which serious structural deficiencies have been observed in the prison systems. In
some cases, the nature of the situation not only requires the design of long‐term policies or
plans, but demands that specific measures be taken in the short term to address grave and
urgent situations. 86
65.
In summary, the IACHR considers that in light of Articles 1(1) and 2 of the
American Convention, the States of the region should adopt public policies that include
both measures to be adopted immediately and long‐term plans, programs, and projects; as
well as adapting the legislation and the system of criminal procedure to be compatible with
the personal liberty and judicial guarantees established in international human rights
treaties, which should be considered as a priority of the State independent of whether the
particular administration in power has more or less interest in the matter, nor on the ups
and downs of public opinion. Rather, a commitment should be forged that binds all the
branches of government, legislative, executive, and judicial, as well as civil society, for the
purpose of constructing a system based on human dignity that works to improve society
and democracy, and the rule of law.
A.
The principle of humane treatment
66.
The recognition of the dignity inherent in every person independent of
his or her personal conditions or legal situation is the basis of the development and
international protection of human rights. Accordingly, the exercise of public power has
certain limits that stem from the fact that human rights are attributes inherent to human
dignity. The protection of human rights is based on the affirmation of the existence of
certain inviolable attributes of the human person that cannot be legally impaired or
diminished by the exercise of public authority.
67.
The right of persons deprived of liberty to humane treatment while under
the custody of the State is a universally accepted norm in international law. 87 In the Inter‐
American human rights system, this principle is enshrined primarily in Article XXV of the
American Declaration, which provides: “[e]very individual who has been deprived of his
liberty […] has the right to humane treatment during the time he is in custody.” In addition,
the humane treatment to be accorded to persons deprived of liberty is an essential
element of Article 5(1) and (2) of the American Convention, which protects the right to
humane treatment of all persons subject to the jurisdiction of a State party.
86
See in this regard, IACHR, Democracy and Human Rights in Venezuela, Ch. VI, para. 905; and IACHR,
Annual Report 2008, Chapter IV, Venezuela, OEA/Ser.L/II.134, Doc. 5 Rev.1, adopted on February 25, 2009, para.
430.
87
IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116. Doc. 5 rev. 1 corr., adopted on
October 22, 2002, (hereinafter “Report on Terrorism and Human Rights”), para. 147.
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