OEA/Ser.P
AG/RES. 1816 (XXXI-O/01)
5 June 2001
Original: Spanish
STUDY OF THE RIGHTS AND THE CARE OF PERSONS UNDER ANY FORM OF
DETENTION OR IMPRISONMENT
(Resolution adopted at the third plenary session, held on
June 5, 2001;
subject to review by the Style Committee)
THE GENERAL ASSEMBLY,
CONSIDERING the provisions of the American Declaration of the
Rights and Duties of Man, signed in Bogotá in 1948; the
provisions of the American Convention on Human Rights, or Pact
of San José, signed in San José, Costa Rica, in 1969; and the
provisions of the Inter-American Convention to Prevent and
Punish Torture, signed in Cartagena de Indias in 1985;
HAVING SEEN the provisions of the Universal Declaration of
Human Rights, issued by the United Nations General Assembly in
1948; the International Covenant on Civil and Political Rights
[A/RES/2200A (XXI), 1966]; and the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
(A/RES/39/46, 1984), as well as the Geneva Conventions, adopted
in Geneva in 1949, and their additional protocols, adopted in
Geneva in 1977;
EXPRESSING its concern over the state of penitentiary systems
and detention centers in various countries of the Americas, in
particular with respect to prison conditions, which sometimes go
so far as to violate the human rights of persons deprived of
liberty;
TAKING NOTE of the preliminary draft American declaration on
this subject presented by the Government of Costa Rica and
contained in document AG/CP/doc.630/01;
BEARING IN MIND that this situation hinders and can even
prevent the social rehabilitation of convicts, which is the
essential aim of prison sentences, according to the Pact of San
José;
BEARING IN MIND that the topic of all aspects of health in
prisons is on the agenda for the Hemisphere; and recalling that
for a number of years the OAS has served as a forum for
discussion of prison and detention conditions in the Americas,
especially in the context of the Meetings of Ministers of
Justice or of Ministers or Attorneys General of the Americas;
and
RECALLING that a number of texts on this subject have been
adopted at the United Nations, in particular the Standard
Minimum Rules for the Treatment of Prisoners [ECOSOC/RES/663C (XXIV)],
adopted in 1957; the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment (A/RES/43/173),
of 1988; and the Basic Principles for the Treatment of Prisoners
(A/RES/45/111), of 1990;
RESOLVES:
1. To welcome the initiative of the Government of Costa Rica
for seeking discussion of the subject of this resolution within
the OAS.
2. To instruct the Permanent Council to consider the
advisability of studying, in cooperation with the competent
organs and agencies of the inter-American system, and taking
into account the conclusions and recommendations of the Meeting
of Ministers of Justice or of Ministers or Attorneys General of
the Americas, the question of the rights and the care of persons
under any form of detention or imprisonment.
3. To request the Permanent Council to report to the General
Assembly, at its thirty-second regular session, on the
implementation of this resolution.
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