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Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas
(Approved by the Commission during its 131st regular period of sessions,
held from March 3-14, 2008)
The Inter-American Commission on Human Rights,
CONSIDERING the value of human dignity and the fundamental rights and freedoms
recognized by the inter-American system and by the other systems for international protection
of human rights;
RECOGNIZING the fundamental right of all persons deprived of liberty to humane
treatment, and to have their dignity, as well as their life, and their physical, mental, and
moral integrity respected and ensured;
UNDERSCORING the importance of due legal process and its fundamental principles
and guarantees for the effective protection of the rights of persons deprived of liberty, given
their particular situation of vulnerability;
BEARING IN MIND that punishments consisting of deprivation of liberty shall have as
an essential aim the reform, social readaptation and personal rehabilitation of those
convicted; the reintegration into society and family life; as well as the protection of both the
victims and society.
RECALLING that the Member States of the Organization of American States have
committed to respecting and ensuring the rights of all persons deprived of liberty subject to
their jurisdiction;
DULY TAKING INTO ACCOUNT the principles and provisions enshrined in the following
international instruments: American Convention on Human Rights; Additional Protocol to the
American Convention on Human Rights in the area of Economic, Social and Cultural Rights;
Inter-American Convention to Prevent and Punish Torture; Inter-American Convention on
Forced Disappearance of Persons; Inter-American Convention on the Prevention, Punishment
and Eradication of Violence against Women; Inter-American Convention for the Elimination of
all Forms of Discrimination against Persons with Disabilities; American Declaration of the
Rights and Duties of Man; International Covenant on Civil and Political Rights; International
Covenant on Economic, Social, and Cultural Rights; Convention against Torture and other
Cruel, Inhuman or Degrading Treatment or Punishment, and its Optional Protocol; Convention
on the Rights of the Child; Convention on the Elimination of All Forms of Discrimination
against Women; International Convention for the Protection of All Persons from Enforced

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Disappearance; International Convention on the Protection of All Migrant Workers and
Members of their Families; International Convention on the Elimination of All Forms of Racial
Discrimination; Convention on the Rights of Persons with Disabilities; Convention relating to
the Status of Refugees; Convention Number 169 concerning Indigenous and Tribal Peoples in
Independent Countries; Geneva Conventions of 12 August 1949, and their Additional Protocols
of 1977; Universal Declaration of Human Rights; Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power; Basic Principles for the Treatment of Prisoners; Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
Principles for the Protection of Persons with Mental Illness and the Improvement of Mental
Health Care; Standard Minimum Rules for the Treatment of Prisoners; United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); United
Nation Rules for the Protection of Juveniles Deprived of their Liberty; United Nations Standard
Minimum Rules for Non-custodial Measures (The Tokyo Rules); and in other international
human rights instruments applicable in the Americas;
REAFFIRMING the decisions and the jurisprudence of the Inter-American System of
Human Rights;
OBSERVING WITH CONCERN the critical situation of violence, overcrowding, and
inhumane living conditions in several places of deprivation of liberty in the Americas; as well
as the particular situation of vulnerability of persons with mental disabilities deprived of
liberty in psychiatric hospitals and prisons; and the serious risks to children, women, and
seniors confined to other public and private institutions, migrants, refugee or asylum seekers,
stateless and undocumented persons, and persons deprived of liberty in the context of armed
conflicts;
WITH A VIEW TO offering input to the process of drafting an Inter-American
Declaration on the rights, duties, and care of persons under any form of detention or
imprisonment by the Permanent Council, following the mandate requested through Resolution
AG/RES 2283 (XXXVII-0/07);
ADOPTS the following PRINCIPLES AND BEST PRACTICES ON THE PROTECTION OF
PERSONS DEPRIVED OF LIBERTY IN THE AMERICAS (OEA/Ser/L/V/II.131 doc. 26)
PRINCIPLES AND BEST PRACTICES ON THE PROTECTION OF
PERSONS DEPRIVED OF LIBERTY IN THE AMERICAS
General Provision
For the purposes of the present document, “deprivation of liberty” means:
“Any form of detention, imprisonment, institutionalization, or custody of a person in a public
or private institution which that person is not permitted to leave at will, by order of or under
de facto control of a judicial, administrative or any other authority, for reasons of
humanitarian assistance, treatment, guardianship, protection, or because of crimes or legal
offenses. This category of persons includes not only those deprived of their liberty because of
crimes or infringements or non compliance with the law, whether they are accused or
convicted, but also those persons who are under the custody and supervision of certain
institutions, such as: psychiatric hospitals and other establishments for persons with physical,
mental, or sensory disabilities; institutions for children and the elderly; centers for migrants,
refugees, asylum or refugee status seekers, stateless and undocumented persons; and any
other similar institution the purpose of which is to deprive persons of their liberty.”
Given the breadth of the aforementioned concept, the following principles and best practices
shall be invoked, according to each case, depending on whether the persons are deprived of
liberty as a result of the perpetration of crimes or violations of the law, or for humanitarian
and protective reasons.

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GENERAL PRINCIPLES
Principle I
Humane treatment
All persons subject to the jurisdiction of any Member State of the Organization of
American States shall be treated humanely, with unconditional respect for their inherent
dignity, fundamental rights and guarantees, and strictly in accordance with international
human rights instruments.
In particular, and taking into account the special position of the States as guarantors
regarding persons deprived of liberty, their life and personal integrity shall be respected and
ensured, and they shall be afforded minimum conditions compatible with their dignity.
They shall be protected from any kind of threats and acts of torture, execution, forced
disappearance, cruel, inhuman, or degrading treatment or punishment, sexual violence,
corporal punishment, collective punishment, forced intervention or coercive treatment, from
any method intended to obliterate their personality or to diminish their physical or mental
capacities.
Circumstances such as war, states of exception, emergency situations, internal political
instability, or other national or international emergencies may not be invoked in order to
evade the obligations imposed by international law to respect and ensure the right to humane
treatment of all persons deprived of liberty.
Principle II
Equality and non-discrimination
Every person deprived of liberty shall be equal before the law and be entitled to equal
protection of the law and the tribunals. They shall also have the right to maintain their
guarantees and exercise their fundamental rights, except for those rights which exercise is
temporarily limited or restricted by law and for reasons inherent to their condition as persons
deprived of liberty.
Under no circumstances shall persons deprived of liberty be discriminated against for
reasons of race, ethnic origin, nationality, color, sex, age, language, religion, political or other
opinion, national or social origin, economic status, birth, physical, mental, or sensory
disability, gender, sexual orientation, or any other social condition. Therefore, any distinction,
exclusion, or restriction that is either designed to or has the effect of undermining or
impeding the recognition, enjoyment, or exercise of the internationally recognized rights of
persons deprived of liberty, shall be prohibited.
Measures designed exclusively to protect the rights of women, particularly the rights of
pregnant women and nursing mothers; of children; of the elderly; of those who are sick or
suffering from infections such as HIV-AIDS; of persons with a physical, mental, or sensory
disability; as well as of indigenous peoples, afro-descendants, and minorities shall not be
considered discriminatory. These measures shall be applied in accordance with the law and
international human rights law, and shall always be subject to review by a judge or other
competent, independent, and impartial authority.
Persons deprived of liberty in the context of an armed conflict shall be afforded special
protection and attention in conformity with the special juridical regimen established by the
norms of international humanitarian law, complemented by the norms of international human
rights law.

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The measures and sanctions imposed on persons deprived of liberty shall be applied
impartially, based on objective criteria.
Principle III
Personal liberty
1. Basic principle
Every person shall have the right to personal liberty and to be protected against any
illegal or arbitrary deprivation of liberty. The law shall prohibit, in all circumstances,
incommunicado detention of persons and secret deprivation of liberty since they constitute
cruel and inhuman treatment. Persons shall only be deprived of liberty in officially recognized
places of deprivation of liberty.
As a general rule, the deprivation of liberty of persons shall be applied for the
minimum necessary period.
Deprivation of liberty of children shall be applied as a measure of last resort and for
the minimum necessary period, and shall be limited to strictly exceptional cases.
In imposing penalties laid down by general law on members of indigenous peoples
preference shall be given to methods of punishment other than confinement in prison, in
conformity with their customs or customary laws, where these are compatible with the legal
system in force.
2. Exceptional use of preventive deprivation of liberty
The law shall ensure that personal liberty is the general rule in judicial and
administrative procedures, and that preventive deprivation of liberty is applied as an
exception, in accordance with international human rights instruments.
In the context of criminal proceedings, there shall be sufficient evidentiary elements
that associate the accused with the facts of the case, in order to justify an order of preventive
deprivation of liberty. The foregoing is a demand or a condition sine qua non for imposing any
precautionary measure; nevertheless, after a certain lapse of time it no longer suffices.
Preventive deprivation of liberty is a precautionary measure, not a punitive one, which
shall additionally comply with the principles of legality, the presumption of innocence, need,
and proportionality, to the extent strictly necessary in a democratic society. It shall only be
applied within the strictly necessary limits to ensure that the person will not impede the
efficient development of the investigations nor will evade justice, provided that the competent
authority examines the facts and demonstrates that the aforesaid requirements have been
met in the concrete case.
3. Special measures for persons with mental disabilities
The health systems of the Member States of the Organization of American States shall
apply in conformity with the law a series of measures in favor of persons with mental
disabilities, with a view to gradually de-institutionalizing these people, and organizing
alternative service models that facilitate the achievement of objectives that are compatible
with an integrated, continuing, preventative, participatory, and community-based psychiatric
care and health system, and in this way avoid unnecessary deprivation of liberty in hospitals
or other institutions. The deprivation of liberty of a person in a psychiatric hospital or other
similar institution shall be applied as a measure of last resort, and solely when there is
serious likelihood of immediate or imminent harm to that person or to others. The mere

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existence of a disability shall in no case justify a deprivation of liberty.
4. Alternative or substitute measures for deprivation of liberty
The Member States of the Organization of American States shall establish by law a
series of alternative or substitute measures for deprivation of liberty, duly taking into account
the international human rights standards on the topic.
When applying alternative or substitute measures for deprivation of liberty, Member
States shall promote the participation of society and the family in such a way as to
complement the intervention by the State, and shall also provide the necessary and
appropriate resources to ensure their availability and effectiveness.
Principle IV
Principle of legality
No one shall be deprived of his or her physical liberty except for the reasons and under
the conditions established beforehand by domestic law, and in accordance with the provisions
of international human rights law. Orders of deprivation of liberty shall be duly reasoned and
issued by the competent authority.
The judicial or administrative orders and resolutions that are capable of affecting,
limiting, or restricting the rights and guarantees of persons deprived of liberty, shall conform
to domestic and international law. Administrative authorities may neither alter the rights and
guarantees enshrined in international law, nor limit nor restrict them any further than
expressly allowed.
Principle V
Due process of law
Every person deprived of liberty shall, at all times and in all circumstances, have the
right to the protection of and regular access to competent, independent, and impartial judges
and tribunals, previously established by law.
Persons deprived of liberty shall have the right to be promptly informed in a language
they understand of the reasons for their deprivation of liberty and of the charges against
them, as well as to be informed of their rights and guarantees; to have access to a translator
or interpreter during the proceedings; and to communicate with their family. They shall have
the right to a hearing and a trial, with due guarantees and within a reasonable time, by a
judge, authority or official who is legally authorized to exercise judicial functions, or to be
released without prejudice to the continuation of the proceedings; to appeal the judgment to a
higher judge or court; and to not be subjected to a new trial for the same cause, if they have
been acquitted by a nonappealable judgment in conformity with due process of law and
international human rights law.
Three criteria shall be taken into consideration when determining if a judicial
proceeding complied with the reasonable time requirement: the complexity of the case; the
conduct of the applicant; and the conduct of the relevant authorities.
All persons deprived of liberty shall have the right to a defense and to legal counsel,
named by themselves, their family, or provided by the State; they shall have the right to
communicate privately with their counsel, without interference or censorship, without delays
or unjustified time limits, from the time of their capture or arrest and necessarily before their
first declaration before the competent authority.

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All persons deprived of liberty shall have the right, exercised by themselves of by
others, to present a simple, prompt, and effective recourse before the competent,
independent, and impartial authorities, against acts or omissions that violate or threaten to
violate their human rights. In particular, persons deprived of liberty shall have the right to
lodge complaints or claims about acts of torture, prison violence, corporal punishment, cruel,
inhuman, or degrading treatment or punishment, as well as concerning prison or internment
conditions, the lack of appropriate medical or psychological care, and of adequate food.
Persons deprived of liberty shall not be compelled to be a witness against themselves
or to plead guilty. Statements obtained through torture or cruel, inhuman, or degrading
treatment shall not be admissible as evidence in a legal proceeding except in a legal action
against a person or persons accused of having committed such acts, and only as evidence that
those statements were obtained through such means.
If found guilty, the punishments or sanctions that were applicable at the time of the
commission of the crime or legal infraction shall be applied, unless subsequent law establishes
a lesser punishment or sanction, in which case the law that is most favorable to the person
shall be applied.
Death penalty sentences shall meet the principles, restrictions, and prohibitions
established in international human rights law. In all circumstances, they shall have the right
to request commutation of punishment.
Persons deprived of liberty in a Member State of the Organization of American States
of which they are not nationals, shall be informed, without delay, and in any case before they
make any statement to the competent authorities, of their right to consular or diplomatic
assistance, and to request that consular or diplomatic authorities be notified of their
deprivation of liberty immediately. Furthermore, they shall have the right to communicate
with their diplomatic and consular authorities freely and in private.
Principle VI
Judicial control and supervision of punishments
Competent, independent, and impartial judges and tribunals shall be in charge of the
periodic control of legality of acts of the public administration that affect, or could affect the
rights, guarantees, or benefits to which persons deprived of liberty are entitled, as well as the
periodic control of conditions of deprivation of liberty and supervision of the execution of, or
compliance with, punishments.
Member States of the Organization of American States shall ensure the necessary
resources to permit the establishment and effectiveness of judicial bodies of control and
supervision of punishments, and shall provide the necessary resources for them to function
adequately.
Principle VII
Petition and response
Persons deprived of liberty shall have the right of individual and collective petition and
the right to a response before judicial, administrative, or other authorities. This right may be
exercised by third parties or organizations, in accordance with the law.
This right comprises, amongst others, the right to lodge petitions, claims, or
complaints before the competent authorities, and to receive a prompt response within a
reasonable time. It also comprises the right to opportunely request and receive information
concerning their procedural status and the remaining time of deprivation of liberty, if

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applicable.
Persons deprived of liberty shall also have the right to lodge communications, petitions
or complaints with the national human rights institutions; with the Inter-American
Commission on Human Rights; and with the other competent international bodies, in
conformity with the requirements established by domestic law and international law.
PRINCIPLES RELATED TO THE
CONDITIONS OF DEPRIVATION OF LIBERTY
Principle VIII
Rights and restrictions
Persons deprived of liberty shall enjoy the same rights recognized to every other person by
domestic law and international human rights law, except for those rights which exercise is
temporarily limited or restricted by law and for reasons inherent to their condition as persons
deprived of liberty.
Principle IX
Admission, registration, medical examination and transfers
1. Admission
The authorities responsible for places of deprivation of liberty shall refuse the
admission of any person, unless this is authorized by a commitment order or an order of
deprivation of liberty issued by a judicial, administrative, medical or other competent
authority, in accordance with the requirements set out by law.
Upon admission, the persons deprived of their liberty shall be informed clearly and in a
language they understand, either in writing, verbally, or by other means, of their rights,
duties, and prohibitions in their place of deprivation of liberty.
2. Registration
The personal data of persons admitted to places of deprivation of liberty shall be
recorded into an official register, which shall be made available to the person deprived of
liberty, his or her representative, and the competent authorities. The register shall include, as
a minimum the following information:
a.

b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

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Personal information including, at least, the following: name, age, sex,
nationality, address and name of parents, family members, legal
representatives or defense counsel if applicable, or other relevant data of the
persons deprived of liberty;
Information concerning the personal integrity and the state of health of the
persons deprived of liberty;
Reason or grounds for the deprivation of liberty;
The authority that ordered or authorized the deprivation of liberty;
The authority that conducted the person deprived of liberty to the institution;
The authority legally responsible for supervising the deprivation of liberty;
Time and date of admission and release;
Time and date of transfers to another place and the destination;
Identity of the authority who ordered the transfer and of the one who is
responsible for it;
Inventory of personal effects; and
Signature of the persons deprived of liberty, or where this is impossible, an

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explanation about the reasons thereof.
3. Medical examination
All persons deprived of liberty shall be entitled to an impartial and confidential medical
or psychological examination, carried out by idoneous medical personnel immediately
following their admission to the place of imprisonment or commitment, in order to verify their
state of physical or mental health and the existence of any mental or physical injury or
damage; to ensure the diagnosis and treatment of any relevant health problem; or to
investigate complaints of possible ill-treatment or torture.
The medical or psychological information shall be entered into the respective official
register, and when necessary taking into account the gravity of the findings, it shall be
immediately transmitted to the competent authority.
4. Transfers
The transfers of persons deprived of liberty shall be authorized and supervised by the
competent authorities, who shall, in all circumstances, respect the dignity and fundamental
rights of persons deprived of liberty, and shall take into account the need of persons to be
deprived of liberty in places near their family, community, their defense counsel or legal
representative, and the tribunal or other State body that may be in charge of their case.
The transfers shall not be carried out in order to punish, repress, or discriminate
against persons deprived of liberty, their families or representatives; nor shall they be
conducted under conditions that cause physical or mental suffering, are humiliating or
facilitate public exhibition.
Principle X
Health
Persons deprived of liberty shall have the right to health, understood to mean the
enjoyment of the highest possible level of physical, mental, and social well-being, including
amongst other aspects, adequate medical, psychiatric, and dental care; permanent availability
of suitable and impartial medical personnel; access to free and appropriate treatment and
medication; implementation of programs for health education and promotion, immunization,
prevention and treatment of infectious, endemic, and other diseases; and special measures to
meet the particular health needs of persons deprived of liberty belonging to vulnerable or high
risk groups, such as: the elderly, women, children, persons with disabilities, people living with
HIV-AIDS, tuberculosis, and persons with terminal diseases. Treatment shall be based on
scientific principles and apply the best practices.
The provision of health services shall, in all circumstances, respect the following
principles: medical confidentiality; patient autonomy; and informed consent to medical
treatment in the physician-patient relationship.
The State shall ensure that the health services provided in places of deprivation of
liberty operate in close coordination with the public health system so that public health
policies and practices are also applied in places of deprivation of liberty.
Women and girls deprived of liberty shall be entitled to access to specialized medical
care that corresponds to their physical and biological characteristics, and adequately meets
their reproductive health needs. In particular, they shall have access to gynecological and
pediatric care, before, during, and after giving birth, which shall not take place, as far as
possible, inside the place of deprivation of liberty, but at hospitals or appropriate institutions.
If a child is born in a place of deprivation of liberty, this fact shall not be mentioned in the

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birth certificate.
In women’s or girls’ institutions there shall be special accommodation, as well as
adequate personnel and resources for pre-natal and post-natal care and treatment of women
and girls.
Where children of parents deprived of their liberty are allowed to remain in the place
of deprivation of liberty, the necessary provisions shall be made for a nursery staffed by
qualified persons, and with the appropriate educational, pediatric, and nutritional services, in
order to protect the best interest of the child.
Principle XI
Food and drinking water
1. Food
Persons deprived of liberty shall have the right to food in such a quantity, quality, and
hygienic condition so as to ensure adequate and sufficient nutrition, with due consideration to
their cultural and religious concerns, as well as to any special needs or diet determined by
medical criteria. Such food shall be provided at regular intervals, and its suspension or
restriction as a disciplinary measure shall be prohibited by law.
2. Drinking water
Every person deprived of liberty shall have access at all times to sufficient drinking water
suitable for consumption. Its suspension or restriction as a disciplinary measure shall be
prohibited by law.
Principle XII
Accommodation, hygiene, and clothing
1. Accommodation
Persons deprived of liberty shall have adequate floor space, daily exposure to natural
light, appropriate ventilation and heating, according to the climatic conditions of their place of
deprivation of liberty. They shall be provided with a separate bed, suitable bed clothing, and
all other conditions that are indispensable for nocturnal rest. The installations shall take into
account the special needs of the sick, persons with disabilities, children, pregnant women or
breastfeeding mothers, and the elderly, amongst others.
2. Hygiene
Persons deprived of liberty shall have access to clean and sufficient sanitary
installations that ensure their privacy and dignity. They shall also have access to basic
personal hygiene products and water for bathing or shower, according to the climatic
conditions.
Women and girls deprived of their liberty shall regularly be provided with those articles
that are indispensable to the specific sanitary needs of their sex.
3. Clothing
The clothing to be used by persons deprived of liberty shall be sufficient and adequate
to the climatic conditions, with due consideration to their cultural and religious identity. Such

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clothing shall never be degrading or humiliating.
Principle XIII
Education and cultural activities
Persons deprived of liberty shall have the right to education, which shall be accessible
to all, without any discrimination, with due consideration to cultural diversity and special
needs.
Primary or basic education shall be free for persons deprived of liberty, particularly for
children, and for adults who have not received or completed the whole cycle of primary
instruction.
Member States of the Organization of American States shall promote, progressively
and to the maximum of their available resources, secondary, technical, vocational, and higher
education in places of deprivation of liberty, and shall make them accessible to all, on the
basis of individual capacity and skills.
Member States shall ensure that educational services provided in places of deprivation
of liberty operate in close coordination and integration with the public education system; and
shall promote cooperation with society through the participation of civil associations,
non-governmental organizations, and private educational institutions.
Places of deprivation of liberty shall have libraries with sufficient books, newspapers,
and educational magazines, with the appropriate equipment and technology, according to
available resources.
Persons deprived of liberty shall have the right to take part in cultural, sporting, and
social activities, and shall have opportunities for healthy and constructive recreation. Member
States shall encourage the participation of the family, the community, and non-governmental
organizations in these activities, in order to promote the reform, social readaptation, and
rehabilitation of persons deprived of liberty.
Principle XIV
Work
All persons deprived of liberty shall have the right to work, to have effective
opportunities of work, and to receive a fair and equitable remuneration, in accordance with
their physical and mental capacities, in order to promote the reform, rehabilitation and social
readaptation of convicted persons, to stimulate and encourage the culture of work, and to
combat idleness in places of deprivation of liberty. Such labor shall never be of an afflictive
nature.
Member States of the Organization of American States shall apply all protective
national and international standards applicable to child labor, particularly in order to prevent
exploitative labor practices and to ensure the best interest of the child.
Member States shall promote, progressively and to the maximum of their available
resources, vocational orientation and the development of projects of technical or professional
training in places of deprivation of liberty. They shall also ensure the implementation of
permanent, sufficient and suitable labor workshops while promoting the participation and the
cooperation with society and private enterprises.
Principle XV

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Freedom of conscience and religion
Persons deprived of liberty shall have the right to freedom of conscience and of
religion, including the right to profess, manifest, practice, maintain or change their religion, in
line with their beliefs; the right to participate in religious and spiritual activities and to
practice traditional rites; as well as the right to receive visits from religious or spiritual
representatives.
Religious and spiritual diversity and plurality shall be recognized in places of
deprivation of liberty, subject to the limitations that are strictly necessary to protect the rights
of others or public health or morals, and maintain public order, internal security, and
discipline in places of deprivation of liberty, as well as subject to other limitations permitted
by law and international human rights law.
Principle XVI
Freedom of expression, association and reunion
Persons deprived of liberty shall have the right to freedom of expression in their own
language, association, and peaceful assembly, subject to the limitations that are strictly
necessary in a democratic society to protect the rights of others or public health or morals,
and maintain public order, internal security, and discipline in places of deprivation of liberty,
as well as subject to other limitations permitted by law and international human rights law.
Principle XVII
Measures against overcrowding
The competent authority shall determine the maximum capacity of each place of
deprivation of liberty according to international standards related to living conditions. Such
information, as well as the actual ratio of occupation of each institution or center shall be
public, accessible and regularly updated. The law shall establish the procedures through which
persons deprived of liberty, their legal representatives or non-governmental organizations can
individually or collectively dispute the data regarding the maximum capacity or the occupation
ratio. In these procedures, the participation of independent experts shall be permitted.
The occupation of an institution over its maximum capacity shall be prohibited by law.
In cases where such overcrowding results in human rights violations, it shall be considered
cruel, inhuman or degrading treatment or punishment. The law shall establish remedies
intended to immediately address any situation of overcrowding. The competent judicial
authorities shall adopt adequate measures in the absence of an effective legal regulation.
Once overcrowding is observed, States shall investigate the reasons for such situation
and determine the corresponding individual responsibilities of the authorities who authorized
that situation. Moreover, States shall adopt measures to prevent the repetition of such
situations. In both cases, the law shall establish the procedures through which persons
deprived of liberty, their legal representatives or non-governmental organizations can
participate in those procedures.
Principle XVIII
Contact with the outside world
Persons deprived of liberty shall have the right to receive and dispatch correspondence,
subject to such limitations as are consistent with international law; and to maintain direct and
personal contact through regular visits with members of their family, legal representatives,
especially their parents, sons and daughters, and their respective partners.

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They shall have the right to be informed about the news of the outside world through
means of communication, or any other form of contact with the outside, in accordance with
the law.
Principle XIX
Separation of categories
The different categories of persons deprived of freedom shall be kept in separate
places of deprivation of liberty or in different sections within the same institution, taking
account of their sex, age, the reason for their deprivation of liberty, the need to protect the
life and integrity of persons deprived of liberty or personnel, special needs of attention, or
other circumstances relating to internal security.
In particular, arrangements shall be made to separate men and women; children and
adults; the elderly; accused and convicted; persons deprived of liberty for civil reasons and
those deprived of liberty on criminal charges. In cases of deprivation of liberty of asylum or
refugee status seekers, and in other similar cases, children shall not be separated from their
parents. Asylum or refugee status seekers and persons deprived of liberty due to migration
issues shall not be deprived of liberty in institutions designed to hold persons deprived of
liberty on criminal charges.
Under no circumstances shall the separation of persons deprived of liberty based on
categories be used to justify discrimination, the use of torture, cruel, inhuman, or degrading
treatment or punishment, or the imposition of harsher or less adequate conditions on a
particular group. The same criteria shall be observed during transfers of persons deprived of
liberty.
PRINCIPLES RELATED TO THE
SYSTEMS OF DEPRIVATION OF LIBERTY
Principle XX
Personnel of places of deprivation of liberty
The personnel responsible for the direction, custody, care, transfer, discipline and
surveillance of persons deprived of liberty shall at all time and under any circumstances
respect the human rights of persons deprived of liberty and of their families.
The personnel shall be carefully selected, taking into account their ethical and moral
integrity, sensitivity to cultural diversity and to gender issues, professional capacity, personal
suitability for the work, and sense of responsibility.
The personnel shall comprise suitable employees and officers, of both sexes,
preferably with civil service and civilian status. As a general rule, members of the Police or
Armed forces shall be prohibited from exercising direct custody of persons deprived of liberty,
unless it is a police or military institution.
Places of deprivation of liberty for women, or the women’s sections in mixed
institutions shall be under the direction of female personnel. The custody and surveillance of
women deprived of liberty shall be performed exclusively by female personnel, although staff
with other capacities or skills, such as doctors, teachers, or administrative personnel may be
male.
Sufficient and qualified personnel shall be available to ensure security, surveillance,

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and custody, as well as to attend to medical, psychological, educational, labor, and other
needs.
The personnel of places of deprivation of liberty shall be provided with the necessary
resources and equipment so as to allow them to perform their duties in suitable conditions,
including fair and equitable remuneration, decent living conditions, and appropriate basic
services.
The personnel of places of deprivation of liberty shall receive initial instruction and
periodic specialized training, with an emphasis on the social nature of their work. Such
instruction and training shall include, at least, education on human rights; on the rights,
duties, and prohibitions in the exercise of their functions; and on national and international
principles and rules regarding the use of force, firearms, and physical restraint. For these
purposes, the Member States of the Organization of American States shall promote the
creation and operation of specialized education and training programs with the participation
and cooperation of social institutions and private enterprises.
Principle XXI
Bodily searches, inspection of installations and other measures
Whenever bodily searches, inspections of installations and organizational measures of
places of deprivation of liberty are permitted by law, they shall comply with criteria of
necessity, reasonableness and proportionality.
Bodily searches of persons deprived of liberty and visitors to places of deprivation of
liberty shall be carried out under adequate sanitary conditions by qualified personnel of the
same sex, and shall be compatible with human dignity and respect for fundamental rights. In
line with the foregoing, Member States shall employ alternative means through technological
equipment and procedures, or other appropriate methods.
Intrusive vaginal or anal searches shall be forbidden by law.
The inspections or searches in units or installations of places of deprivation of liberty
shall be carried out by the competent authorities, in accordance with a properly established
procedure and with respect for the rights of persons deprived of liberty.
Principle XXII
Disciplinary regime
1. Disciplinary sanctions
Disciplinary sanctions, and the disciplinary procedures adopted in places of deprivation
of liberty shall be subject to judicial review and be previously established by law and shall not
contravene the norms of international human rights law.
2. Due process of law
The imposition of disciplinary sanctions or measures and the supervision of their
execution shall be the responsibility of competent authorities who shall act in all
circumstances in accordance with the principles of due process of law, respecting the human
rights and basic guarantees of persons deprived of liberty as enshrined in international human
rights law.
3. Measures of solitary confinement

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The law shall prohibit solitary confinement in punishment cells.
It shall be strictly forbidden to impose solitary confinement to pregnant women;
mothers who are living with their children in the place of deprivation of liberty; and children
deprived of liberty.
Solitary confinement shall only be permitted as a disposition of last resort and for a
strictly limited time, when it is evident that it is necessary to ensure legitimate interests
relating to the institution’s internal security, and to protect fundamental rights, such as the
right to life and integrity of persons deprived of liberty or the personnel.
In all cases, the disposition of solitary confinement shall be authorized by the
competent authority and shall be subject to judicial control, since its prolonged, inappropriate
or unnecessary use would amount to acts of torture, or cruel, inhuman, or degrading
treatment or punishment.
In cases of involuntary seclusion of persons with mental disabilities it shall be ensured
that the measure is authorized by a competent physician; carried out in accordance with
officially approved procedures; recorded in the patient’s individual medical record; and
immediately notified to their family or legal representatives. Persons with mental disabilities
who are secluded shall be under the care and supervision of qualified medical personnel.
4. Prohibition of collective sanctions
The imposition of collective punishments shall be prohibited by law.
5. Disciplinary competence
Persons deprived of liberty shall not be responsible for the execution of disciplinary
measures, or for custody or surveillance activities, not excluding their right to take part in
educational, religious, sporting, and other similar activities, with the participation of the
community, non-governmental organizations, and other private institutions.
Principle XXIII
Measures to combat violence and emergency situations
1. Preventive measures
In accordance with international human rights law, appropriate and effective measures
shall be adopted to prevent violence amongst persons deprived of liberty, or between persons
deprived of liberty and the personnel.
In order to achieve that, the following measures shall be taken, amongst others:
a.
b.
c.
d.

e.
f.

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Separate the different categories of persons deprived of liberty in conformity
with the criteria set down in the present document;
Provide periodic and appropriate instruction and training for the personnel;
Increase the number of personnel in charge of internal security and
surveillance, and set up continuous internal surveillance patterns;
Effectively prevent the presence of weapons, drugs, alcohol, and other
substances and objects forbidden by law, by means of regular searches and
inspections, and by using technological and other appropriate methods, including
searches to personnel;
Set up early warning mechanisms to prevent crises or emergencies;
Promote mediation and the peaceful resolution of internal conflicts;

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g.
h.

Prevent and combat all types of abuse of authority and corruption;
Eradicate impunity by investigating and punishing all acts of violence and
corruption in accordance with the law.
2. Criteria for the use of force and weapons

The personnel of places of deprivation of liberty shall not use force and other coercive
means, save exceptionally and proportionally, in serious, urgent and necessary cases as a last
resort after having previously exhausted all other options, and for the time and to the extent
strictly necessary in order to ensure security, internal order, the protection of the fundamental
rights of persons deprived of liberty, the personnel, or the visitors.
The personnel shall be forbidden to use firearms or other lethal weapons inside places
of deprivation of liberty, except when strictly unavoidable in order to protect the lives of
persons.
In all circumstances, the use of force and of firearms, or any other means used to
counteract violence or emergencies, shall be subject to the supervision of the competent
authority.
3. Investigation and punishment
Member States of the Organization of American States shall carry out serious,
exhaustive, impartial, and prompt investigations in relation to all acts of violence or situations
of emergency that have occurred in places of deprivation of liberty, with a view to uncovering
the causes, identifying those responsible, and imposing the corresponding punishments on
them.
States shall take appropriate measures and make every effort possible to prevent the
recurrence of acts of violence or situations of emergency in places of deprivation of liberty.
Principle XXIV
Institutional Inspections
In accordance with national legislation and international law, regular visits and
inspections of places of deprivation of liberty shall be conducted by national and international
institutions and organizations, in order to ascertain, at any time and under any circumstance,
the conditions of deprivation of liberty and the respect for human rights.
As a minimum, such inspections shall be carried out with full access to places of
deprivation of liberty and their installations, access to the information and documentation
relating to the institution and the persons deprived of liberty therein; and the possibility of
conducting private and confidential interviews with persons deprived of liberty and personnel.
The mandate of the Inter-American Commission on Human Rights and its
Rapporteurships, in particular the Rapporteurship on the Rights of Persons Deprived of Liberty,
shall be respected in all circumstances, so that they may verify the respect for the dignity and
the fundamental rights and guarantees of persons deprived of liberty in Member States of the
Organization of American States.
These provisions shall not affect the obligations of States Parties to the four Geneva
Conventions of 12 August 1949 and the Additional Protocols thereto of 8 June 1997, nor the
opportunity available to any State Party to authorize the International Committee of the Red
Cross to visit places of detention in situations not covered by international humanitarian law.
Principle XXV

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Interpretation
In order to fully respect and ensure the fundamental rights and freedoms enshrined in
the Inter-American system, Member States of the Organization of American States shall
utilize extensive interpretation to human rights norms, so as to apply the most favorable
clause to persons deprived of liberty.
Nothing in the present document shall be interpreted as precluding, suspending or
restricting the rights and guarantees of persons deprived of liberty recognized by virtue of
domestic or international law, under the pretext that they are recognized to a lesser extent or
are not provided for herein.

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