3
7.
In response to the context described herein, the IACHR has prepared this
report, which identifies the main patterns of violations of the human rights of persons
deprived of liberty in the region, and analyzes which international standards apply to these
violations. This is with the fundamental objective of making specific recommendations to
the States geared to ensuring full respect of and guarantees for prisoners’ rights. It is
directed first and foremost to public authorities, and also to civil society organizations and
other actors associated with the work of persons deprived of liberty. The Commission
clarifies that this is a framework report that encompasses a variety of issues that may be
developed more extensively in subsequent thematic reports.
B.
Principles and fundamental contents
8.
This report is based on the fundamental principle that the State is in a
special position as guarantor when it comes to persons deprived of liberty, and that as
such, it assumes specific duties to respect and guarantee the fundamental rights of these
persons; and in particular the rights to life and humane treatment, which are an essential
condition for attaining the special purposes of using deprivation of liberty as a penalty: the
reform and social readaptation of convicts. Thus, the exercise of the power of custody
entails the special responsibility of ensuring that the deprivation of liberty serves its
7
purpose and does not lead to the violation of other basic rights.
9.
Moreover, and like the Principles and Best Practices on the Protection of
the Persons Deprived of Liberty in the Americas (hereinafter also “the Principles and Best
Practices of the IACHR”), this report is based on the principle of humane treatment
according to which every person deprived of liberty is to be accorded humane treatment,
with unrestricted respect for his or her inherent dignity, and fundamental rights and
guarantees, and strictly abiding by international human rights instruments. 8 This
fundamental principle is widely accepted in international law.
10.
In addition, this report is based on the fundamental idea that respect for
the fundamental rights of persons deprived of liberty is not in conflict with the aims of
…continuation
paragraph 3; OAS, General Assembly Resolution, AG/RES. 2510 (XXXIX‐O/09), adopted on June 4, 2009, operative
paragraph 3; OAS, General Assembly Resolution, AG/RES. 2403 (XXXVIII‐O/08), adopted on June 13, 2008,
operative paragraph 3; OAS, General Assembly Resolution, AG/RES. 2283 (XXXVII‐O/07), adopted on June 5, 2007,
operative paragraph 3; and OAS, General Assembly Resolution, AG/RES. 2233 (XXXVI‐O/06), adopted on June 6,
2006, operative paragraph 3; OAS, General Assembly Resolution, AG/RES. 2125 (XXXV‐O/05), adopted on on June
7, 2005, operative paragraph 11; OAS, General Assembly Resolution, AG/RES. 2037 (XXXIV‐O/04), adopted on June
8, 2004, operative paragraph 3; and OAS, General Assembly Resolution, AG/RES. 1927 (XXXIII‐O/03), adopted on
June 10, 2003, operative paragraph 3.
7
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, OEA/Ser.L/V/II.111. Doc. 21 rev.,
adopted on April 6, 2001, (hereinafter “Fifth Report on the Situation of Human Rights in Guatemala”),Ch. VIII,
para. 1.
8
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
st
adopted by the IACHR by Resolution 1/08 at its 131 regular period of sessions, held March 3 to 14, 2008,
(hereinafter “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas”),
Principle I.