24
[T]he State, by depriving a person of his liberty, places itself in the unique position of
guarantor of his right to life and to humane treatment. When it detains an individual, the State
introduces that individual into a "total institution"--such as a prison--where the various
aspects of his life are subject to an established regimen; where the prisoner is removed from
his natural and social milieu; where the established regimen is one of absolute control, a loss
of privacy, limitation of living space and, above all, a radical decline in the individual's means
of defending himself. All this means that the act of imprisonment carries with it a specific and
material commitment to protect the prisoner's human dignity so long as that individual is in
the custody of the State, which includes protecting him from possible circumstances that
could imperil his life, health and personal integrity, among other rights 55 . (emphasis added).
63.
This specific and material commitment implies, inter alia, the adoption of concrete
measures to prevent and react to emergencies like fires. The State, being responsible for prisons,
has a specific obligation to maintain and preserve its electrical installations in such a way that they
pose no threat to anyone (either inmates or administrative, judicial, or security personnel, visitors
and other persons who frequent the prisons). The State must also ensure that prisons have early
warning systems to detect threats and proper equipment to react to emergencies of this kind.
Furthermore, prison personnel must be trained in evacuation procedures, first aid and how to
respond to events of this type.
64.
The jurisprudence constante of the Inter-American Court is that given the State’s
international obligation to guarantee to all persons subject to its jurisdiction the free and full exercise
of their human rights, the State must design and enforce prison policies intended to prevent crisis
situations. 56 The State’s obligation to treat persons deprived of liberty with the respect that human
dignity demands, requires reasonable measures to prevent situations that may violate protected
rights. 57
65.
The Commission deems that the State’s exercise of its role as guarantor of the rights
of persons deprived of liberty is a complex one in which the areas of competence of various state
institutions converge. These range from the executive and legislative bodies charged with devising
prison policies and enacting the ordinances necessary to implement those policies, to mid-level
institutions charged with running prisons, and the appointed authorities at the prisons who have
immediate responsibilities for administering a prison’s routine affairs.
The judicial branch of
government also plays an important role through the sentence-enforcement and supervisory judges,
who monitor for the lawfulness of the detention and the conditions under which detainees are held.
B.
Right to life and the right to humane treatment (articles 4 and 5 of the American
Convention in conjunction with Article 1(1) thereof)
66.
55
Article 4(1) of the American Convention provides that:
IACHR, Report No. 41/99, Merits, Minors in Detention, Honduras, March 10, 1999, paragraph 135.
56
I/A Court H.R., Provisional Measures in the Matter of the Urso Branco Prison. Brazil. Order of the InterAmerican Court of Human Rights, April 22, 2004, Consideranda 11; I/A Court H.R., Case of the “Juvenile Reeducation
Institute” v. Paraguay. Judgment of September 2, 2004. Series C No. 112, paragraph 178; I/A Court H.R., Provisional
Measures in the Matter of the Monagas Judicial Confinement Center (“La Pica”) regarding Venezuela, Order of the President
of the Inter-American Court of Human Rights, dated January 13, 2006, Consideranda 15; I/A Court H.R., Provisional
Measures in the Matter of the Yare I and Yare II Capital Region Penitentiary Center (Yare Prison) regarding Venezuela, Order
of the President of the Inter-American Court of Human Rights, March 30, 2006, Consideranda 18; I/A Court H.R., Provisional
Measures in the Matter of the persons imprisoned in the “Dr. Sebastião Martins Silveira" Penitentiary in Araraquara, São
Paulo regarding Brazil. Order of the President of the Inter-American Court of Human Rights of July 28, 2006, Consideranda
18.
57
I/A Court H.R., Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, paragraph 118.