59
education programs.” The State also explained that, in order to remedy the situation
of overcrowding of penitentiary centers of the country, "it has adopted measures in
the short and medium term,” which the State explained in detail. In this respect, it
acknowledged its responsibility205 and subjected itself to the decision the Court may
take.
198. This Court has held that, in the terms of Articles 5(1) and 5(2) of the
Convention,206 every person deprived of her or his liberty has the right to live in
detention conditions compatible with her or his personal dignity. Consequently, since
the State is the institution responsible for detention establishments, it is the
guarantor of these rights of the prisoner.207 This implies the State’s duty to guarantee
the health and welfare of inmates by providing them, among other things, with the
required medical care, and it must also ensure that the manner and method of any
deprivation of liberty do not exceed the unavoidable level of suffering inherent in
detention.208 Lack of compliance therewith may constitute a violation of the absolute
prohibition against torture and cruel, inhumane, or degrading punishment or
treatment.209 In this sense, the States cannot invoke economic hardships to justify
imprisonment conditions that do not comply with the minimum international
standards and respect the inherent dignity of the human being.210
199. From the evidence presented in this case, it appears that, at the time of the
detention of Mr. Vélez Loor, there was a shelter for migrants in the country,
specifically in the Panama City, to accommodate irregular migrants while the State
205
In relation to the prison conditions acknowledged by the State, the Tribunal notes that at the end
of the on-site visit to Panama and, specifically, La Joyita Penitentiary in June 2001, the Inter-American
Commission issued a press release in which it referred to detention conditions that are incompatible with
human dignity. It made reference, among other things, to the overpopulation; the large number of
prisoners who have to sleep on the floor or in hammocks, which are sometimes placed four meters above
the floor; the inadequate and in poor condition sanitation facilities, which pose health risks to the current
population. Furthermore, the Commission noted serious deficiencies in the health services available to
detainees, and a dearth of employment opportunities, rehabilitation programs, and recreational activities.
Cf. Press Release N° 10/01 of the Inter-American Commission on Human Rights of June 8, 2001 (case file
of the evidence, volume III, annex 29 of the application, folio 1529 and 1530).
206
Article 5 of the American Convention, states where pertinent, that:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent
dignity of the human person.
207
Cf. Case of Neira Alegría et al. v. Perú. Merits. Judgment of January 19, 1995. Series C No. 20,
para. 60; Case of Yvon Neptune, supra note 97, para. 130, and Case of Montero Aranguren et al. (Retén de
Catia) v. Venezuela. Merits, Reparations, and Costs. Judgment of July 5, 2006. Series C No. 150, paras. 85
and 87.
208
Cf. Case of the "Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits,
Reparations and legal Costs. Judgment of September 2, 2004. Series C N° 112, para. 159; Case of Yvon
Neptune, supra note 97, para. 130, and Case of Boyce et al v. Barbados. Preliminary Objection, Merits,
Reparations and Costs. Judgment of November 20, 2007. Series C N° 169, para. 88.
209
Case of Cantoral Benavides, supra note 27, para. 95; Case of Boyce et al., supra note 208, para.
88, and Case of Bueno Alves, supra note 157, paras. 75 and 76. In this respect, the Committee against
Torture has expressed that "[o]vercrowding, lack of amenities and poor hygiene in prisons, the lack of basic
services and of appropriate medical attention in particular, the inability of the authorities to guarantee the
protection of detainees in situations involving violence within prisons […] in addition to contravening the
United Nations Standard Minimum Rules for the Treatment of Prisoners, these and other serious
inadequacies aggravate the deprivation of liberty of prisoners serving sentences and those awaiting trial,
making such deprivation cruel, inhuman and degrading punishment and, in the case of the latter,
punishment served in advance of sentence.” United Nations, Report of the Committee against Torture, 25th
period of sessions (November 13 to 14, 2000) / 26th period of sessions (April 30 to May 18, 2001),
A/56/44, May 10, 2001, para. 95f.
210
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 207, and Case of
Boyce et al., supra note 208, para. 88.
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