121
neither may they be subjected to hardship or restrictions, except for those that are
unavoidably incidental to the deprivation of liberty. 379
337.
On this score, the IACHR noted in its Report on the Human Rights
Situation in Bolivia (2007):
Persons held in prisons inherently cope with necessary limitations due to
their deprivation of liberty. Nevertheless, they maintain the right to
exercise their fundamental rights as recognized in�� national and
international law, regardless of their legal situation or the stage of the
proceedings against them, and in particular they maintain the right to
humane treatment and due respect for their dignity as human beings. 380
Similarly, in the context of follow up on the situation of persons deprived of liberty in Cuba,
the IACHR emphasized:
It is essential that deprivation of freedom must have well‐established
objectives. Prison authorities cannot overstep those objectives, not even
in the disciplinary action that they are authorized to take. Prisoners must
not be marginalized or discriminated against; the goal is to get them back
into society. In other words, prison practices must observe one basic
principle: imprisonment must not be compounded by any more suffering
than what it already represents. The prisoner must be treated humanely,
in a manner commensurate with the dignity of his person, while the
381
system endeavors to reincorporate him into society.”
338.
The bodies of the Inter‐American human rights system have established
that the content and scope of the term “torture,” as set forth in Article 5.2 of the American
Convention, must be interpreted in accordance with the definition provided in Article 2 of
the Inter‐American Convention to Prevent and Punish Torture, 382 which defines torture as:
[…] any act intentionally performed whereby physical or mental pain or
suffering is inflicted on a person for purposes of criminal investigation, as a
means of intimidation, as personal punishment, as a preventive measure, as
a penalty, or for any other purpose. Torture shall also be understood to be
379
In this regard, the Standard Minimum Rules for the Treatment of Prisoners lays down that
“[i]mprisonment and other measures which result in cutting off an offender from the outside world are afflictive
by the very fact of taking from the person the right of self‐determination by depriving him of his liberty. Therefore
the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline,
aggravate the suffering inherent in such a situation.” (Rule 57)
380
IACHR, Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy in Bolivia,
Ch. III, para. 15.
381
IACHR, Annual Report 2002, Chapter IV, Cuba, OEA/Ser.L/II.117. Doc. 1 rev. 1, adopted on March 7,
2003, para. 73; IACHR, Annual Report 2001, Chapter IV, Cuba, OEA/Ser.L/V/II.114. doc. 5 rev. 1, adopted on April
16, 2002, para. 76.
382
I/A Court H. R., Case of Tibi V. Ecuador. Judgment of September 7, 2004. Series C No. 114, para. 145.
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