REPORT ON THE HUMAN RIGHTS OF PERSONS DEPRIVED OF LIBERTY IN THE AMERICAS
I.
INTRODUCTION
A.
Context and purpose of this report
1.
For 50 years the Inter‐American Commission on Human Rights
(hereinafter “the Inter‐American Commission”, “the Commission”, or the “IACHR”) has
been monitoring the situation of persons deprived of liberty in the Americas through its
various mechanisms, and particularly since the Commission established its Rapporteurship
on the Rights of Persons Deprived of Liberty (hereinafter “the Rapporteurship” or “the
Rapporteurship of PDL”) in March 2004 1 .
2.
Accordingly, the IACHR has observed that the most serious and
widespread problems in the region are:
(a)
overcrowding and overpopulation;
(b)
the deficient conditions of confinement, both physical conditions and the
lack of basic services;
(c)
the high incidence of prison violence and the lack of effective control by
the authorities;
(d)
the use of torture in the context of criminal investigations;
(e)
the excessive use of force by those in charge of security at prisons;
(f)
the excessive use of preventive detention, which has direct repercussions
on overpopulation of the prisons 2 ;
(g)
the lack of effective means for protecting vulnerable groups;
(h)
the lack of labor and educational programs, and the lack of transparency
in the mechanisms of access to these programs; and
(i)
corruption and the lack of transparency in prison management.
3.
These challenges in respecting and ensuring the rights of persons
deprived of liberty identified by the IACHR are fundamentally the same as those that have
been observed regularly in the Americas by the monitoring mechanisms of the United
1
During the 2004‐2011 period, the Rapporteurship has conducted twenty working visits to fifteen
countries in the hemisphere: Uruguay (July 2011); Suriname (May 2011); El Salvador (October 2010); Argentina
(June 2010); Ecuador (May 2010); Uruguay (May 2009); Argentina (April 2009); Paraguay (September 2008); Chile
(August 2008); Mexico (August 2007); Haiti (June 2007); Argentina (December 2006); Bolivia (November 2006);
Brazil (September 2006); Dominican Republic (August 2006); Colombia (November 2005); Honduras (December
2004); Brazil (June 2005); Argentina (December 2004); and Guatemala (November 2004). In the course of these
working visits the team of the Rapporteurship has conducted visits to prisons and other places of detention; and
has held meetings with high level authorities and civil society organization who are committed to advocate in
favor of the Rights of persons deprived of liberty. The official web page of the Rapporteurship of Persons Deprived
of Liberty is available at: http://www.oas.org/es/cidh/ppl/default.asp.
2
The excessive use of preventive detention is another serious problem in the absolute majority of
countries of the region, and is in turn the cause of other serious problems such as overcrowding and the failure to
separate persons awaiting trial from the convicted. The excessive use of this measure is a broad and complex
issue on which the Commission will be producing a thematic report in due course.