55
countries in the region – it is incumbent on all the authorities involved with the custody of
a person to check and effectively ascertain that person’s identity.
150.
At the same time, persons admitted to a detention center, of any kind,
must be informed immediately and in a language they understand of their rights, the way
to exercise them, and the rules in force in the detention center. If people are ignorant of
their rights, their ability to exercise them is seriously diminished. Providing persons
deprived of their liberty with information on their rights constitutes a fundamental
element in the prevention of torture and ill‐treatment. 195 In particular, they must be
informed of their right to contact another person and inform that person that they have
been detained in that center. It is recommended that this information be posted
prominently in a language that detainees can understand. Thus, in the case of detention
centers in areas in which other languages are spoken, in addition to the official language of
the State, this information should also be posted in those other languages.
Registration
151.
In the Inter‐American human rights system, the Inter‐American
Convention on Forced Disappearance of Persons establishes that “[t]he States Parties shall
establish and maintain official up‐to‐date registries of their detainees and, in accordance
with their domestic law, shall make them available to relatives, judges, attorneys, any other
person having a legitimate interest, and other authorities.” (Article XI)
152.
Likewise, the Principles and Best Practices establish:
Principle IX (2): The personal data of persons admitted to places of
deprivation of liberty shall be recorded into an official registry, which
shall be made available to the person deprived of liberty, his or her
representative, and the competent authorities. The registry shall include,
as a minimum the following information:
a.
Personal information including, at least, the following: name,
age, sex, nationality, address and name of parents, family
members, legal representatives or defense counsel if applicable,
or other relevant data of the persons deprived of liberty;
b.
Information concerning the personal integrity and the state of
health of the persons deprived of liberty;
c.
Reason or grounds for the deprivation of liberty;
d.
The authority that ordered or authorized the deprivation of
liberty;
195
United Nations, CAT/OP/HND/1, Report on the visit of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to Honduras, February 10, 2010, para. 148;
United Nations, CAT/OP/PRY/1, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment to Paraguay, June 7, 2010, para. 75. See also, United Nations,
Committee against Torture, General Comment No. 2: Application of the Article 2 by the States parties, adopted at
the 39º session (2007), para. 13. In Compilation of General Comments and General Recommendations adopted by
human rights treaty bodies, Volume I, HRI/GEN/1/Rev.9 (Vol. I) adopted on May 27, 2008, p. 127.
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