IACHR
Press Release
The IACHR urges States to guarantee the health and integrity of persons deprived of liberty and their families in the face of the COVID-19 pandemic
March 31, 2020
Washington, D.C. - The Inter-American Commission
on Human Rights (IACHR), in the context of its Rapid and Integrated
Response Coordination Unit for the COVID-19 pandemic crisis (SACROI
COVID-19), urges States to face the very serious situation of
persons deprived of liberty in the region and to adopt urgent
measures to guarantee the health and integrity of this population
and their families, in the face of the effects of the COVID-19
pandemic, as well as to ensure adequate conditions of detention in
centers of deprivation of liberty, consistent with inter-American
human rights standards. In particular, the Commission urges States
to reduce overcrowding in detention centers as a measure to contain
the pandemic.
In this sense, the IACHR expresses its deep concern at the alarming
conditions of incarceration in the region, which includes precarious health
and hygiene conditions and extreme levels of overcrowding, that in some
countries the overcrowding rate is greater than 300 percent. This context
represents a greater risk of the advance of COVID-19, particularly for those
who make up vulnerable groups, such as the elderly, people living with
diabetes, immunosuppressed patients, cancer patients, with autoimmune
diseases, cardiac illnesses, insufficiency kidney functions, among others.
Consistent with the provisions of the
Principles and Good Practices on the Protection of Persons Deprived of
Liberty in the Americas, the IACHR reminds States that every person
deprived of liberty under their jurisdictions has the right to receive
humane treatment, with unrestricted respect for their inherent dignity,
their fundamental rights, especially life and security of person, well as
access to the judicial guarantees essential to protect rights and freedoms.
The States are in a special condition of guarantor of this population
rights, which implies that they must respect their right to life and
security of person, as well as ensure minimum conditions that are compatible
with their dignity. Therefore, the States should carry out concrete and
immediate actions to respect and promote the rights to life and security of
person for those deprived of liberty, in the context of the pandemic.
The Commission is also concerned at the recent increase in violence in
places of deprivation of liberty. According to information received by the
IACHR, different riots have occurred as a protest against overcrowding and
the lack of personal hygiene and protection elements to prevent the spread
of the new coronavirus in prisons in some countries in the region. In this
sense, among other cases of riots observed, the IACHR highlights those
registered in the 13 prisons in Colombia, in particular the events that
occurred in the La Modelo prison in Bogotá where 23 inmates died and more
than 80 were injured on March 21. The Commission was also informed that
inmates of the El Milagro prison in Trujillo in Peru, mutinied demanding
better conditions in the face of the health emergency situation caused by
COVID-19 and against the lack of food, leaving 31 inmates injured.
Similarly, in Argentina, two riots were registered between March 23 and 25
that took place in the Coronda and Las Flores prisons, Santa Fe province, in
demand for the sanitary measures adopted in the face of the pandemic. In
these episodes 5 people died and a dozen others were injured. There has also
been the case of a massive escape of prisoners, as in the case of Venezuela
on March 18, where according to the public information, 84 people had
escaped. In addition, news was received that in at least three immigration
detention centers in New Jersey, United States, inmates are on hunger strike
to protest the measures promoted by the State against the spread of the new
coronavirus.
In relation to the registered situations of violence, the Commission
recalls that States, as guarantors of the human rights of persons deprived
of liberty, have a duty to adopt concrete actions to respect and promote
their rights to life and security of person. Due to the foregoing, the
Commission reiterates that States must be able to maintain order and
security within prisons and detention centers. Thus, the proper
implementation of protocols must be ensured to prevent riots and restore
security conditions in prisons, without incurring in the excessive use of
force.
The Commission recognizes the effort that some of the States in the
region are implementing to contain the pandemic and prevent its spread in
detention facilities. This situation requires States to make a great
coordinated effort to decongest both prison units and police stations
through criteria of release or adoption of alternative measures to the
deprivation of liberty to promote enjoyment of human rights for all people
within their territory and subject to their jurisdiction. In addition, the
IACHR urges States to adopt contingency plans to prevent the spread of the
virus in detention centers and to guarantee adequate medical care for
persons deprived of liberty. These measures, in addition to attending to the
recommendations of the health authorities and being proportional to the risk
of expansion of COVID-19 in centers of deprivation of liberty, must respect
the applicable obligations of international human rights law in this area.
In particular, the IACHR welcomes the initiative of the National Council
of Justice (CNJ) of Brazil to contain the pandemic and prevent its spread in
penitentiary centers, recommending to the courts and judges to reduce the
population of people deprived of liberty, adopting measures alternatives to
prison. Among the measures are the review of preventive detention cases, the
adoption of home prison for the elderly and pregnant women inmates and the
progression to the open regime for those who were close to receiving this
specific benefit.
Furthermore, the IACHR was informed that the Chilean Public Defender's Office filed appeals with the judicial and executive powers in order to order urgent measures to lower the incarcerated population. In this sense, on March 25, the Public Defender's Office announced that applications will be filed in courts throughout Chile with the aim of reviewing the preventive detention of people from risk groups. These requests will reach, among others, people who are particularly at risk from the pandemic. Additionally, the Commission welcomes the initiative of the President of Chile, who introduced a bill to the National Congress that grants a commutative general pardon to persons deprived of liberty that are affected by COVID-19. The project proposes to commute the sentence to people over 55 if they are women, and over 60 years, if they are men, as well as to pregnant women or those who remain with their children in prison.
The IACHR also notes that the National Committee for the Prevention of Torture in Argentina has been monitoring the situation of persons deprived of liberty in the country and welcomes the recommendations of that body published on March 20. The Commission also takes note that the Local Mechanism for the Prevention of Torture of the Province of Buenos Aires has requested measures such as house arrest for vulnerable groups and the use of commutation of sentences by the Executive Power, among others.
Moreover, the Commission also values Colombia's initiatives to contain
the advance of the pandemic in detention centers, in particular the policies
adopted by the National Penitentiary and Prison Institute (INPEC) through
guidelines and care protocols to guarantee the safety of persons deprived of
liberty.
In this regard, the IACHR endorses the call of the United Nations High
Commissioner for Human Rights of March 25, which urged states to proceed
with due urgency to reduce the number of persons deprived of liberty and to
examine the different cases to release individuals especially vulnerable to
COVID-19, in particular elderly inmates and those affected by diseases.
In relation to the containment and prevention measures directed at the
centers of deprivation of liberty, the IACHR reminds the States of the need
to clearly define and report the reasons for imposing such restrictive
measures, the estimated initial duration, and the term for their revision.
Furthermore, it is essential to apply the measures transparently and without
discrimination, ensuring that all detainees have equal access to protection
and mitigation measures, with special attention to the needs of people in
vulnerable situations. Furthermore, the implementation of protection
measures must be carried out diligently and adequately to prevent people in
isolation from suffering ill-treatment or any type of stigmatization,
marginalization or violence.
In the event of the total suspension of visits as a preventive measure,
the IACHR recalls that, in many cases, it is the relatives and visitors of
persons deprived of liberty who in practice provide food and personal
hygiene items, among others. For this reason, the States must ensure the
supply of basic hygiene and food items, without which it is not possible to
guarantee decent living and health conditions for detained persons.
Likewise, the IACHR warns that the adoption of these measures cannot under
any circumstances justify absolute or solitary confinement. To this extent,
the States of the region accompany these restrictions with other policies or
programs compatible with the right to security of person for those deprived
of liberty, such as the extension of outdoor hours or the optimization of
recreational spaces.
In addition, the IACHR considers it necessary to adhere to basic hygiene
standards and access to necessary materials for both persons deprived of
liberty and staff. In the context of a pandemic, States must ensure the
adequate supply of basic preventive elements such as soaps, alcohol, gloves
and cleaning products in detention centers. The Commission recommends
carrying out systematic medical examinations to identify the potential risk
of contagion and suspected cases and to have at least isolation capacity, as
well as the necessary elements for its control and the necessary prevention
material, in addition to the protective equipment for prison staff. Prison
authorities must also prevent outsiders from entering detention units
without proper pre-screening as a way to stop the spread of the virus.
Finally, the Commission has taken note of the measures of social
isolation (stay home policies) that several countries have adopted and that
includes the restriction of the freedom of movement that instated sanctions
such as detention for those who defy the quarantine measures. In this
regard, the IACHR instructs the States to adopt alternative measures to the
deprivation of liberty to enforce the effectiveness of the restrictive
measures on movement, establishing administrative sanctions, such as fines
and/or coercive conduction home, with a view to to avoid overcrowding in
detention facilities. Likewise, the States must prevent the occurrence of
arbitrary arrests, particularly of people who circulate on public roads to
stock up on food, medicines and other basic needs, in addition to respecting
the principle of legality and judicial guarantees.
In this sense, and considering the context of the COVID-19 virus
pandemic, regarding the protection of the rights of persons deprived of
liberty, the Commission recommends that States:
1. Adopt measures to address the overcrowding of detention centers, including the reevaluation of cases of preventive detention in order to identify those that can be replaced by alternative measures to deprivation of liberty, giving priority to populations with increased health risk against a possible contagion of COVID-19.
2. Evaluate as a priority the possibility of granting alternative measures such as probation, house arrest, or early release for people considered to be in the risk group such as the elderly, people with chronic diseases, pregnant women or with children in their care and for those who are close to serve sentences.
3. Adapt the conditions of detention, particularly with regard to food, health, sanitation and quarantine measures, to prevent the spread of COVID-19 within the facilities. In particular, guarantee that all centers have medical attention and provide special attention to populations in a particularly vulnerable situation, including the elderly.
4. Establish protocols for the guarantee of security and order in detention centers, in particular to prevent acts of violence related to the pandemic and respecting inter-American standards on the matter.
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 has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission 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. 066/20