85
the right to lodge complaints or claims about acts of torture, prison
violence, corporal punishment, cruel, inhuman, or degrading treatment
or punishment, as well as concerning prison or internment conditions,
the lack of appropriate medical or psychological care, and of adequate
food. 290
246.
The Commission observes that, generally speaking, the OAS member
States establish remedies of this kind, although they may have different names for it. In
some, this function is performed by amparo or protection writs; in others, by habeas
corpus itself, in one guise or other. The important thing, regardless of what the remedy is
called, is that it be effective, that is to say, capable of producing the result for which it was
designed, 291 have a useful effect, and not be illusory. For a remedy to be effective, it must
be truly suitable for establishing whether a violation of human rights has been committed
and for providing the means for remedying the violation. 292
247.
This implies, pursuant to Article 25.2 of the American Convention, that
the competent authority shall rule on the claim to the remedy by pronouncing on the
merits of that claim and shall guarantee the enforcement of any decision granting that
remedy.
248.
It is important that the State guarantee that persons deprived of their
liberty, or third parties acting on their behalf, have access to the competent courts for
protecting their rights. These tribunals are should decide those matters on the merits
within a reasonable period of time and in accordance with the general standards of due
process. And that the judicial decisions resulting from these proceedings are effectively
executed by the competent authorities. This last requirement is essential if judicial
protection is to be capable of bringing about real changes in the concrete conditions
experienced by persons deprived of their liberty.
249.
Both the American Convention (Article 25.2.c.), and the International
Covenant on Civil and Political Rights (Article 2.3.c.) expressly establish the duty of the
competent authorities to comply with any decision in which a recourse for protecting
human rights was granted. 293 Therefore, it is not enough for there to be a judgment
recognizing the existence of certain rights and ordering the adoption of particular
measures or structural reforms; it is also necessary that those decisions be complied with
and produce the effects granted by law.
290
In the same vein, the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment (Principle 33).
291
I/A Court H.R., Case of Velásquez Rodríguez V. Honduras. Judgment of July 29, 1988. Series C No. 4,
para. 66.
292
I/A Court H.R., Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8 American
Convention on Human Rights). Advisory Opinion OC‐9/87 of October 6, 1987. Series A No. 9, para. 24.
293
See in this regard, I/A Court H. R., Case of “Juvenile Reeducation Institute” V. Paraguay. Judgment of
September 2, 2004. Series C No. 112, paras. 245‐251; and IACHR, Report No. 35/96, Case 10.832, Merits, Luis
Lizardo Cabrera, Dominican Republic, April 7, 1998, paras. 107‐108.
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