IACHR
Press Release
On the International Day in Support of Victims of Torture, IACHR Calls on States to Guarantee the Work of Mechanisms to Prevent and Combat Torture
June 26, 2020
Washington, D.C. - As part of the commemoration of the International Day in Support of Victims of Torture, the Inter-American Commission on Human Rights (IACHR) urged states to take the necessary measures to guarantee that mechanisms to prevent and combat torture are functioning effectively. The work of these bodies is essential to protecting the fundamental rights of people who are deprived of their freedom and to complying with international obligations regarding the deprivation of freedom.
The IACHR noted once more that any act of torture or other cruel, inhuman, or degrading treatment or punishment is an affront to victims’ human dignity and runs counter to the international principles enshrined in various regional and international instruments on this matter. The IACHR has been informed of the challenges that mechanisms created under the Optional Protocol to the United Nations Convention against Torture are facing in several countries in the Americas as they go about their work.
These obstacles include the prohibition of or limitations on monitoring detention centers, the lack of infrastructure or material resources needed to operate, budgetary shortfalls, and a lack of implementation despite the existence of a regulatory framework to this end. These challenges are a source of particular concern for the IACHR, considering the documentation provided by its various mechanisms regarding the alleged practices of torture and ill-treatment that prevail in detention centers in several countries in the region. Likewise, the conditions of detention that are typical of prisons in the Americas mean that the work of these bodies is essential to guaranteeing strict scrutiny of the situations in which people in the custody of the state to find themselves.
In view of the fundamental nature of the human rights that are jeopardized by imprisonment, the IACHR once again noted that prison management must be governed by strict criteria based on transparency, openness, and independent monitoring. The way in which people who are deprived of their freedom are treated must be subjected to the strictest scrutiny, taking into account the particular risk they are exposed to as a result of their imprisonment and the total control of the state over the exercise of their rights. Given this, the IACHR calls on states to take the necessary actions to provide the mechanisms in question with the resources and institutional support they need to exercise their mandate and the autonomy and independence that are required by the nature of their monitoring functions.
In view of how the COVID-19 pandemic has affected the situation within prisons, the IACHR deems the work of these mechanisms to be crucial to protecting the rights of people who are deprived of their freedom and to reducing the possibility of their being subjected to torture or ill-treatment within detention centers. This position takes into account the particular risk faced by people who are deprived of their freedom, which may be significantly exacerbated by measures taken to prevent the spread of COVID-19, such as isolation. Although monitoring visits have been affected by public health concerns, the IACHR urge states to adopt urgent measures to guarantee that mechanisms to prevent and combat torture can visit facilities, taking the necessary precautions to avoid further exposure to the COVID-19 virus. To that end, the IACHR urged states to follow the guidelines established by the United Nations Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and by the International Committee of the Red Cross.
Finally, the IACHR urged member countries of the Organization of American States (OAS) who have not yet done so to ratify the American Convention on Human Rights; the Inter-American Convention to Prevent and Punish Torture; and the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 148/20