IACHR
Press Release
IACHR Grants Precautionary Measures in Favor of People Who are Deprived of Their Freedom at the Jorge Santana Public Penitentiary in Brazil
February 10, 2020
Washington, D.C. - On February 5, 2020, the Inter-American Commission on Human Rights (IACHR) adopted Resolution 6/2020 (link in Spanish), through which it granted precautionary measures in favor of people who are deprived of their freedom at Jorge Santana Public Penitentiary (PPJS) in Brazil. According to the petition, the proposed beneficiaries are at risk due to the conditions in which they are being held and the lack of medical care, as allegedly “a large number of prisoners at the facility end up acquiring a physical disability and are at risk of death.”
The IACHR noted that the beneficiaries allegedly face multiple risk factors, including overcrowding, lack of sanitation, and other structural deficiencies that jeopardize the rights to life and personal integrity of people who are deprived of their freedom, particularly those with disabilities or limited mobility. These issues are particularly concerning given that the people who are deprived of their freedom at the PPJS have been shot or are in a grave state of health due to the circumstances in which they are being held. Furthermore, according to petitioners who verified their findings within the penitentiary, prisoners requiring medical care remain at significant risk of infection because there is insufficient medical attention to manage their different needs, which has already resulted in some of these people being harmed. A matter of particular concern are the allegations, which have not been refuted, regarding the disproportionate use of force to impose discipline on the entire prison population at the facility. In addition to the fact that the excessive use of force is not permitted under any circumstances, the proposed beneficiaries are in a particularly vulnerable situation due to their physical conditions and should instead be the object of scrupulous care.
The IACHR acknowledged the information provided by the state but cannot overlook the fact that the response it outlined falls short of mitigating or neutralizing the source of risk in question, as it consists mainly of specific palliative interventions that do not address the root cause of the problems.
After analyzing the allegations of fact and law put forward by the two parties, the IACHR believes that the information in question proves, prima facie, that the people who are deprived of their freedom at Jorge Santana Public Penitentiary are extremely vulnerable as their rights to health, life, and personal integrity are at grave and urgent risk. Consequently, in accordance with Article 25 of the its Rules of Procedure, the IACHR requested that Brazil adopt the necessary measures to guarantee the rights to health, life, and personal integrity of the people who are deprived of their freedom at Jorge Santana Public Penitentiary and, specifically, that it guarantee they are provided appropriate, timely medical care, following the recommendations of the appropriate experts. Likewise, the state of Brazil must adopt the necessary measures to ensure that the conditions in which the beneficiaries are being held at the penitentiary conform to applicable international standards. Specifically, it must guarantee that the facilities at the Jorge Santana Public Penitentiary meet the necessary safety standards, taking into account the situations of beneficiaries who are disabled or have suffered injuries, mutilations, or broken bones, so as to prevent the entire prison population from suffering any further harm. The state must also take immediate action to substantially reduce overcrowding and provide adequate sanitation and hygiene. Finally, the IACHR requested that the state agree on any measures to be adopted in consultation with the beneficiaries and their representatives and that it report on the actions it implements to investigate the events that led to the adoption of this precautionary measure so as to prevent them from being repeated.
The fact that this precautionary measure has been granted and its adoption by the state does not entail a prejudgment on any petition that may eventually be filed before the inter-American system to allege that the rights protected by the American Convention on Human Rights and other applicable instruments have been violated.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States whose principal functions are to promote the observance and defense of human rights and to serve as an advisory body to the Organization in this area. The IACHR is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 034/20