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Subparagraphs 1 and 2 of Article 5 of the American Convention establish that “every person has
the right to have his physical, mental and moral integrity respected;” that “all persons deprived
of their liberty shall be treated with respect for the inherent dignity of the human person.” In
interpreting this provision, the Commission has held that among the fundamental principles
upon which the American Convention is grounded is the recognition that the rights and freedoms
it protects are derived from the attributes of their human personality. From this principle flows
the basic requirement underlying the Convention as a whole, and Article 5 in particular, that
individuals be treated with dignity and respect. Accordingly, Article 5.1 guarantees to each
person the right to have his or her physical, mental, and moral integrity respected, and Article 5.2
requires all persons deprived of their liberty to be treated with respect for the inherent dignity of
the human person. These guarantees presuppose that persons protected under the Convention
will be regarded and treated as individual human beings, particularly in circumstances in which a
State Party proposes to limit or restrict the most basic rights and freedoms of an individual, such
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as the right to liberty.
253. The Commission recalls that every person deprived of liberty shall be treated humanely,
with unconditional respect for their inherent dignity, fundamental rights and guarantees, and strictly in
accordance with international human rights instruments.350 Additionally, both bodies of the system
have established that with regard to persons deprived of liberty, the State has a special role as
guarantor of the rights of those deprived of their freedom, as the prison authorities exercise heavy
control or command over the persons in their custody.351 Likewise, in the universal and European
human rights systems, it has been noted that persons deprived of their liberty are particularly
vulnerable and, therefore, the competent authorities have the special obligation to adopt measures to
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protect their physical integrity and the dignity inherent to human beings.
254. Hereunder, the Commission will rule on the conditions of detention at CAI La Reforma
prison facilities, as well as on the alleged acts of torture of some of the alleged victims by agents of said
facilities.
1.
Conditions of detention
255. Based on the proven facts, the Commission finds that some of the alleged victims, who
were in custody at the CAI La Reforma prison lived under conditions that were inconsistent with human
dignity. Firstly, as established by the Court, overcrowding constitutes in and of itself a violation of the
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IACHR, Report No. 172/10, Case 12.561, Merits, César Alberto Mendoza et al (Juveniles Sentenced to Life Time
Imprisonment), Argentina, November 2, 2010, para; 252; Report No. 38/00, Case 11.743, Merits, Rudolph Baptiste, Grenada,
April 13, 2000, para. 89.
350
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas. Resolution
No. 1/08. March 31, 2008, Principle I.
351
IA Ct of HR, Case of the “Juvenile Reeducation Institute” v. Paraguay. Judgment of Preliminary Objections, Merits,
Reparations and Costs. September 2, 2004. Series C No. 112, para. 152; and Case of Vera Vera et al v. Ecuador. Judgment of
Preliminary Objections, Merits, Reparations and Costs. May 19, 2011. Series C No. 226, para. 42. See IACHR, Report on the
Human Rights of Persons Deprived of Liberty in the Americas, December 31, 2011, paras. 49 et seq.
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UN, Human Rights Committee. General Comment No. 21 “Article 10 – Humane Treatment of Persons Deprived of
their Liberty.” 1992, para. 3; ECHR, Case of Slimani v. France, Judgment of July 27, 2004, para. 28.