97
Convention on Human Rights, 300 and Article 4 of the African Charter on Human and
Peoples’ Rights. 301
270.
With respect to persons deprived of liberty, the State is in a special
position of guarantor, under which its duty to ensure this right is all the greater. Indeed, as
guarantor of the right to life of detainees, the State has the duty to prevent those
situations that might lead, by action or omission, to the suppression of this right. In this
regard, if a person was detained in good health conditions and subsequently died, the State
has the obligation to provide a satisfactory and convincing explanation of what happened
and to disprove accusations regarding its responsibility, through valid evidence, 302 bearing
in mind that the responsibility of the State must be presumed regarding what happens to
those who are under its custody. 303 Accordingly, the obligation on the authorities to
account for the treatment of an individual in custody is particularly stringent where that
individual dies. 304
271.
Furthermore, as an effective guarantee of the right to life of persons
deprived of liberty, the IACHR reiterates that in cases of deaths occurring in State custody ‐
including death from natural causes or suicide‐ the State has the duty to initiate ex officio
and without delay a serious, impartial, and effective investigation, which must be
conducted within a reasonable time and not as a mere formality. 305 This duty of the State
arises from the general obligations to observe and ensure rights set forth in Article 1(1) of
the American Convention, as well as from the substantive duties established at Articles
4(1), 8, and 25 of that treaty.
B.
Deaths resulting from prison violence
272.
As mentioned, most of the deaths of persons deprived of liberty that
occur in the region's prisons are the result of prison violence. In light of this reality, the OAS
member States, in the framework of the General Assembly, have observed with concern
“the critical situation of violence and overcrowding in places of deprivation of freedom in
the Americas” and have stressed “the need to take concrete measures to prevent this
300
Convention for the Protection of Human Rights and Fundamental Freedoms: Article 2(1). Everyone's
right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a
sentence of a court following his conviction of a crime for which this penalty is provided by law
301
African Charter on Human and Peoples’ Rights: Article 4. Human beings are inviolable. Every human
being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of
his life.
302
I/A Court H.R., Case of Juan Humberto Sánchez V. Honduras. Judgment of June 7, 2003. Series C No.
99, para. 111.
303
I/A Court H.R., Provisional Measures, Matter of Urso Branco Prison regarding Brazil, Order of the
Inter‐American Court of Human Rights of June 18, 2002, Whereas, para. 8. ECtHR, Case of Salman v. Turkey,
Judgment of 27 June 2000 (Grand Chamber), para. 100.
304
ECtHR, Case of Salman v. Turkey, Judgment of 27 June 2000 (Grand Chamber), para. 99.
305
IACHR, Democracy and Human Rights in Venezuela, paras. 907, 909‐912; IACHR, Report No. 34/00,
Case 11.291, Merits, Carandiru, Brazil, April 13, 2000, paras. 99‐101; I/A Court H.R., Case of Ximenes Lopes V.
Brazil. Judgment of July 4, 2006. Series C No. 149, para. 148.
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