36
exercise.308 With respect to the right to humane treatment, the Convention protects it by prohibiting, inter
alia, torture; cruel, inhuman and degrading treatment; and suspension of that right during states of
emergency.309
124. The rights to life and humane treatment require not only that the State respect them
(negative obligation) but also that the State adopt all appropriate measures to protect and preserve them
(positive obligation), in furtherance of the general obligation that the State undertook in Article 1(1) of the
Convention,310 from which there derive, in turn special obligations, which are determined as a function of the
particular needs for protection of the subject of law, either owing to his personal situation or to the specific
situation in which he finds himself.311
125. Specifically, where persons who have been deprived of their liberty are concerned, the
Commission recalls that the State is in a special position of guarantor, as the prison authorities exercise heavy
control or command over the persons in their custody. The foregoing is the result of the special relationship
and interaction of subordination between the person deprived of liberty and the State, characterized by the
particular intensity with which the State can regulate his or her rights and obligations, and by the inherent
circumstances of imprisonment, where the prisoner is prevented from satisfying, on his own account, a series
of basic needs that are essential for leading a decent life. 312
126. The State’s duty to protect in the case of persons deprived of their liberty extends to the
health sphere, in particular, the obligation to provide adequate medical treatment during the time that
individuals are in their custody.313 The Court has recognized that the rights to life and [human treatment] are
directly and closely linked with human health care. 314 The Court has also held that the State, as a guarantor of
health, has the duty to provide detainees with regular medical review and adequate medical care and
treatment whenever necessary.315
308
I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.) v. Guatemala, Merits. Judgment of November
19, 1999. Series C No. 63, par. 144.
309
Articles 5 and 27 of the American Convention. See, also, I/A Court H.R., Case of the “Juvenile Reeducation Institute”
v. Paraguay. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112, par. 157.
310
I/A Court H.R., The “Street Children” Case (Villagrán Morales et al.) v. Guatemala, Merits. Judgment of November
19, 1999. Series C No. 63, par. 139.
311
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Merits, Reparations and Costs. Judgment of
January 31, 2006. Series C No. 140, par. 111.
312
I/A Court H.R., César Mendoza et al. Argentina. Preliminary Objections, Merits and Reparations. Judgment of May
14, 2013. Series C, No. 260, par. 188. See, IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas,
December 31, 2011, pars 49 et seq.
313
See: United Nations Human Rights Committee, UN HR Committee Cabal and Pasini v. Australia (7 August 2003) UN
Doc CCPR/C/78/D/1020/2002) para. 7.7 European Court of Human Rights, Greek case (1969) 12 YB 170 EcomHR; Edwards and
Others v. United Kingdom (2002) 35 EHRR 417. See, also, Free Legal Assistance Group, Lawyers’ Committee for Human Rights,
Union Interafricaine de l’Homme, Les Temoins de Jehovah v. Zaire (1996) African Commission on Human and Peoples’ Rights
Comm Nos. 25/89, 47/90, 56/91, 100/93 para 47; International PEN and Others v. Nigeria (1998) African Commission on Human
and Peoples’ Rights Comm Nos. 137/94, 139/94, 154/86, 161/97; Malawi African Association and others v. Mauritania (2000)
African Commission on Human and Peoples’ Rights Comm Nos. 54/91, 61/91, 98/93, 164/97 a` 196/97 and 210/98; United
Nations Human Rights Committee. Lantsova v. Russian Federation (26 March 2002) UN Doc CCPR/C/74/763/1997.
314
I/A Court H.R., Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment
of May 19, 2011. Series C No. 226, par. 43. Cfr. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela.
Merits, Reparations and Costs. Judgment of July 5, 2006. Series C No. 150, pars 85 and 87; Case of Boyce et al. v. Barbados.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 20, 2007. Series C No. 169, par. 88; and Case of
Vélez Loor v. Panama, par. 198.
315
I/A Court H.R., César Mendoza et al. Argentina. Preliminary Objections, Merits and Reparations. Judgment of May
14, 2013. Series C, No. 260, par. 189; Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment
of September 7, 2004. Series C No. 114, par. 156.