are confidential; however, States may waive this confidentiality and allow the
Committee to publish its findings. The CPT standards regarding prisoners and
pre-trial custody are discussed in this Manual.
2.
The inter-American system under the Organization of
American States
83. Human rights at the regional level for the Americas are governed mainly by the
American Convention on Human Rights, which entered into force in July 1978. The
Convention created the Inter-American Court of Human Rights and defines its functions and procedures. In addition, it defines most of the functions and procedures
of the Inter-American Commission on Human Rights (IACHR). Both IACHR and individual States may bring cases before the Inter-American Court.
84. The Inter-American Court of Human Rights performs three main functions: deciding
contentious cases, adopting provisional measures and issuing advisory opinions. As
mentioned above, both States and IACHR may bring cases before the Court on all matters relating to the interpretation and application of the American Convention and
other regional human rights treaties which formally recognize the competence of the
Court in that regard, which are discussed below. In order for the Court's decision to be
binding, a State party to the American Convention must make a formal declaration accepting the Court's jurisdiction either unconditionally, on the condition of reciprocity,
for a specified period or for specific cases. Decisions made by the Court are final and
not subject to appeal. In cases of extreme gravity and urgency, and when necessary to
avoid irreparable damage to persons, the Court may adopt provisional measures as it
deems pertinent on matters under its consideration. With respect to a case not yet
submitted to the Court, it may act at the request of IACHR. Finally, member States and
competent organs of the Organization of American States (OAS) may consult with
the Court in order to interpret the American Convention or other treaties formally
recognizing the competence of the Court.
85. In addition, IACHR, among other things, receives, analyses and investigates individual petitions alleging human rights violations; monitors the general human rights
situation in the member States of OAS and publishes special reports, when it considers it appropriate, on the situation in specific States; visits countries to engage in
more in-depth analysis of the general situation and/or to investigate a specific situation; recommends to member States the adoption of measures which would contribute to human rights protection; and requests advisory opinions from the InterAmerican Court regarding questions of interpretation of the American Convention.
86. Three additional treaties in the American system that are particularly relevant to
this Manual are the Inter-American Convention to Prevent and Punish Torture,
which has 16 States parties; the Inter-American Convention on the Forced
Disappearance of Persons, which has 10 States parties; and the Inter-American
Convention on the Prevention, Punishment and Eradication of Violence against
Women ("Convention of Belem do Para"), which has 31 States parties.
87. Only the latter two Conventions have available enforcement mechanisms through
the inter-American system. Article XIII of the Inter-American Convention on the
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