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May 2019
OAS Department Of International Law takes part in CAJP Special Meeting on Public Defense
Dante Negro, Director of the Department of
International Law (DIL), the technical
secretariat to the Inter-American Juridical
Committee (CJI), took part in a special meeting
the OAS Permanent Council's Committee on
Juridical and Political Affairs (CAJP) held on
April 4 pursuant to a General Assembly mandate.
Also participating were Ms. Nydia Arévalo de
Corzantes, Director General of the Public
Criminal Defense Institute of Guatemala, and
Ambassador Joel Hernández García, Inter-American
Commission on Human Rights (IACHR) Rapporteur
for the Rights of Persons Deprived of their
Liberty.
Commissioner Hernández spoke about the right to
defense under Article 8 of the American
Convention - the right to material defense,
exercised through the very acts of the accused,
and technical defense, which is exercised by a
law practitioner, who advises the person under
investigation about his or her rights and duties
and is a key component of due process. He
stressed the importance of public defense work
in ensuring that detention conditions are
consistent with human dignity at police
detention facilities as well as at prison
facilities. In concluding, he pointed out that
the IACHR had identified inadequate public
defense as a major cause of excessive use of
pretrial detention.
The AIDEF General Coordinator, meanwhile, noted
that the coming together of various Latin
American and Caribbean public defender offices
at that regional forum provided opportunity for
new insights and strategies concerning
mechanisms for detention center monitoring and
treatment of vulnerable groups, especially
detainees.
She pointed to a valuable AIDEF tool called the
Handbook for Public Defenders: Monitoring Human
Rights at Detention Centers, containing a series
of guidelines, principles, and recommendations
for public defenders, saying it was a tool for
ensuring access to justice by protecting the
human right to be informed about one’s legal
status and to timely and efficient technical
defense.
Lastly, the DIL Director referred to the
10 Principles and Guidelines on Public Defense
in the Americas, adopted by the CJI. He also
argued that defending people’s rights, as well
as access to justice, should extend across
borders, given the undeniable effects of
globalization; the increasing flow of migrants
from country to country; and the increasing
number of transnational companies whose
operations can produce potential harm and
infringe upon human rights – thereby creating,
in practice, possible conflict of jurisdictions.
The meeting concluded with AIDEF regional
representatives sharing best practices and
delegations making comments.
Over the last few years the DIL has been
collaborating with the AIDEF to promote and
raise awareness about American standards for
access to justice, providing support for both
the CAJP’s annual special meetings and
organizing training workshops for public
defenders in the region.
For further information on this matter, please contact the Department of International Law of the Secretariat for Legal Affairs of the OAS +1 202 370 0743.
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For additional information about the Department of International Law (DIL), please visit
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