109
emergency situations; it restricts inmates’ access to productive activities; it fuels
384
corruption; it affects inmates’ contact with their families; and, in short, it generates
385
serious problems in the actual management of prison facilities.
289.
Another serious consequence of overcrowding is that it makes it
impossible to classify inmates by categories, such as, pretrial detainees and convicted
persons, which is a breach of Article 5.4 of the American Convention and of the duty of
the State to treat pretrial detainees differently, in accordance with the presumption of
386
innocence. Additionally, as has been noted above, saturation of prisons and detention
centers can lead to holding people in custody at police stations or other facilities that
are not designed, nor are suitably staffed, for housing people for an extended period of
time.
290.
Moreover, under international human rights law, overcrowding of
persons deprived of liberty in itself could constitute a form of cruel, inhuman or
degrading treatment, violating the right to personal integrity and other internationally
387
recognized human rights. Therefore, when the collapse of a prison system or of a
particular detention center makes it materially impossible to provide inmates with
dignified living conditions, the State can no longer continue to place individuals in those
facilities, because in so doing, it is deliberately subjecting them to a situation that
388
In particular, international human rights law
violates their fundamental rights.
imposes an absolute prohibition of torture and other cruel, inhuman or degrading
treatment or punishment.
291.
With respect to the space to which persons deprived of liberty are
entitled, the European Court of Human Rights established in the case of Ananyev and
others v. Russia that four square meters is the minimum amount of space that each
384
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G).
385
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G); IACHR, Report of the Inter-American Commission on the Human Rights Situation of Persons
Deprived of Liberty in Honduras, para. 66; IACHR, Report on the Human Rights of Persons Deprived of Liberty in
the Americas, paras. 455-456.
386
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G); IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, para. 457.
387
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G); IACHR, Report of the Inter-American Commission on the Human Rights Situation of Persons
Deprived of Liberty in Honduras, para. 67; IACHR, Report on the Human Rights of Persons Deprived of Liberty in
the Americas, para. 460. See also I/A Court HR., Case of Pacheco Teruel et al v. Honduras. Merits, Reparations
and Costs. Judgment April 27, 2012. Series C No. 241, para. 67(a); European Court of Human Rights, Case of
Ananyev and Others v. Russia, Judgment January 10, 2012 (First Section of the Court), paras. 144-148; UN,
Committee against Torture, Report on Brazil prepared by the Committee in the framework of Article 20 of the
Convention, and response from Brazil, CAT/C/39/2, published on March 3, 2009, para. 189; UN, Working
Group on Arbitrary Detentions, Report on the Mission to El Salvador, A/HRC/22/44/Add.2, published on
January 11, 2013, para. 96.
388
IACHR, Truth, Justice and Reparation: Fourth Report on the Human Rights Situation in Colombia,
2013, Ch. VI(G).
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