86
250.
The Commission notes that the judicial decisions handed down in these
remedies often refer to improvement of such aspects as the physical or security conditions
in prisons; the provision of basic services, such as food, potable water, medical care,
hygiene facilities, or other kinds of measures that require funding. In such cases, it is vital
that the corresponding authorities, executive or legislative, take steps within a reasonable
period of time to set aside the funds required and to give effect to judicially protected
rights and freedoms, thereby complying with the general obligation of States,
contemplated in Article 2 of the American Convention, to adopt the necessary measures
under domestic law.
Petitions and complaints
251.
It is a fundamental right of any person deprived of his or her liberty to file
respectful petitions and complaints and to receive a timely answer from the prison
authorities. Consideration of this right is particularly important if one takes into account
the wide range of matters relating to prison conditions, the services provided by
penitentiary institutions, the relations between inmates and personnel or among the
inmates themselves.
252.
On this, the Principles and Best Practices establish:
Principle VII. Persons deprived of liberty shall have the right of individual
and collective petition and the right to a response before judicial,
administrative, or other authorities. This right may be exercised by third
parties or organizations, in accordance with the law.
This right comprises, amongst others, the right to lodge petitions, claims,
or complaints before the competent authorities, and to receive a prompt
response within a reasonable time. It also comprises the right to
opportunely request and receive information concerning their procedural
status and the remaining time of deprivation of liberty, if applicable.
Persons deprived of liberty shall also have the right to lodge
communications, petitions or complaints with the national human rights
institutions; with the Inter‐American Commission on Human Rights; and
with the other competent international bodies, in conformity with the
requirements established by domestic law and international law. 294
253.
The effective exercise of this right essentially implies that the State must
adopt the institutional and legal measures needed to establish ways of communication
between persons deprived of their liberty or, where applicable, third parties, and the
prison administration; and, that the latter have the necessary means and resources to
294
In a similar sense, the Standard Minimum Rules for the Treatment of Prisoners (Rules 35 and 36)
and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
(Principle 33).
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