115
SRT has underscored the need for “replacing the paradigm of opacity surrounding the
405
places of deprivation of liberty by one of transparency.”
304.
The essential condition for effective scrutiny of prison management is
precisely the independent monitoring of its operations and of detention facilities (in the
broadest sense). This function falls first to those public authorities required by law to
monitor the situation of people deprived of liberty or to protect their basic rights (e.g.,
people’s defense offices or ombudsmen, judicial authorities, public prosecution services,
public attorneys, etc.) and, then, to other independent entities whose functions include
supervising and monitoring the situation of persons in custody, such as civil society
406
organizations and academic institutions that conduct research in prison settings.
305.
A particularly important role is played in this context by the
monitoring mechanisms created under treaties, such as the national preventive
mechanisms provided for in the optional protocol to the UN Convention against
407
The Inter-American Commission therefore renews its call for the OAS
Torture.
member States to ratify this treaty and for those that have already done so to create
408
and implement the national preventive mechanisms that the treaty provides for.
These mechanisms should be given sufficient resources and the necessary institutional
support to operate effectively and with the autonomy and independence that the
409
nature of their monitoring functions demands.
306.
At the same time, it is also important that no arbitrary restrictions be
placed on the admission of those outside parties or organizations that visit detention
centers to conduct human rights work, academic studies, charity work, or monitoring
efforts in accordance with the applicable legal provisions and regulations.
405
UN, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, A/57/173, adopted July 2, 2002, para. 36. See also, UN, Special Rapporteur on Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, A/56/156, adopted July 3, 2001, para. 34.
406
In this regard, after its visit to El Salvador, the WGAD recommended the State to “[e]ncourage
visits by NGOs to prisons and detention centers.” UN, Working Group on Arbitrary Detention, Report on
Mission to El Salvador, A/HRC/22/44/Add.2, published January 11, 2013, para. 132(q).
407
UN, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment, adopted by the General Assembly by means of resolution 57/199, December 18,
2002. To date this treaty has been ratified by fourteen OAS member states: Argentina, Bolivia, Brazil, Chile,
Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, and Uruguay.
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According to the provisions of international law, when States ratify an international pact they
are required to make the necessary amendments to their domestic laws to ensure the execution of the
obligations assumed, and to do so within a reasonable time. Of course, the treaty in question may set specific
time frames for the implementation of its provisions, in which case states are required to abide thereby.
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IACHR, Press Release 151/12 – IACHR Welcomes Law Creating the National Mechanism for the
Prevention of Torture in Argentina, Washington, D.C., December 30, 2012. This message has been consistently
reiterated by the IACHR in its brief reports issued after the working visits of its Rapporteurship on the Rights of
Persons Deprived of Liberty, available at: http://www.oas.org/en/iachr/pdl/activities/countries.asp.
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