Article 5 of the ACHR establishes an obligation of immediate compliance. To the
contrary, the obligations derived from Article 26 of the Convention are subject to
progressive development and may be implemented gradually in keeping with the
conditions in each State. Consequently, as a result of the position formulated in this
case, the urgency is lost that gave substance to the obligation to maintain decent
detention conditions based on the right to personal integrity. This is the reason why
I dissented from the fifteenth operative paragraph of the judgment.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Registrar
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