50 | Towards the Closure of Guantanamo
B.
Right to personal integrity
97.
The right of persons deprived of liberty to humane treatment while under the
custody of the State is a universally accepted norm in international law. 81 In its
Report on Terrorism and Human Rights the IACHR stated: 82
98.
Perhaps in no other area is there greater convergence between international
human rights law and international humanitarian law than in the standards of
humane treatment. While governed by distinct instruments, both regimes
provide for many of the same minimum and non-derogable requirements
dealing with the humane treatment of all persons held under the authority and
control of the state. Moreover, under both regimes the most egregious
violations of humane treatment protections give rise not only to state
responsibility, but also individual criminal responsibility on the part of the
perpetrator and his or her superiors.
The American Declaration contains several provisions that concern humane
treatment. First, the Commission has interpreted Article I of the Declaration (Right
to life, liberty and personal security) as containing a prohibition on the imposition
of torture or cruel, inhuman or degrading treatment or punishment on persons
under any circumstances, similar to that under Article 5 of the American
Convention. 83 In addition, Articles XXV and XXVI of the Declaration refer to the
right to humane treatment in the context of the rights to protection from arbitrary
arrest and to due process of law, as follows:
Article XXV. […] Every individual who has been deprived of his liberty […] has
the right to humane treatment during the time he is in custody.
99.
Article XXVI. Every person accused of an offense has the right […] not to
receive cruel, infamous or unusual punishment.
Further, the Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas are grounded on the fundamental idea that:
All persons subject to the jurisdiction of any member State of the Organization
of American States shall be treated humanely, with unconditional respect for
their inherent dignity, fundamental rights and guarantees, and strictly in
accordance with international human rights instruments.
In particular, and taking into account the special position of the States as
guarantors regarding persons deprived of liberty, their life and personal
81
82
83
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II.Doc.64,
December 31, 2011, para. 66.
IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 11.
IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 184.
Organization of American States | OAS
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