IACHR Calls on States to Promote the Creation and Functioning of National Anti-Torture Mechanisms

June 26, 2024

Washington, D.C. — On the occasion of the International Day in Support of Victims of Torture, the Inter-American Commission on Human Rights (IACHR) called on States to promote the creation and establishment of national mechanisms to prevent and combat torture, which are essential to guaranteeing the rights of people deprived of their freedom. It also urged States to guarantee adequate resources to ensure these mechanisms function effectively.

The IACHR recognizes the progress made in the fight against torture in recent years, including the creation of local anti-torture mechanisms. In this regard, it welcomed the recent meeting of representatives from national and local mechanisms for the prevention of torture in ten States in the Americas to strengthen their capacities. The meeting resulted in the adoption of the San José Declaration to strengthen institutions and networking. The IACHR also noted the implementation of the Registration, Communication, and Comprehensive Care System for Victims of Institutional Violence in Prisons (SIRCAIVI) by Argentina, Chile, and Costa Rica; the launch of the Unified Registry of Torture and Ill-Treatment in Paraguay; and Mexico's adoption of its first national strategy against torture.

However, given the prevalence of various forms of torture and ill-treatment in places of detention, the IACHR deemed it worrying that more than half of the countries in the Americas lack local mechanisms to combat these. According to information from the Association for the Prevention of Torture (APT), which specializes in this issue at the international level, only 14 of the 35 States in the region have created mechanisms to combat torture or assigned such functions to an existing institution.

The IACHR acknowledged the actions taken by States in the Americas to establish such mechanisms. However, it also noted the lack of effective measures to guarantee the functioning of these mechanisms and enforce compliance with them. In this regard, it has received information on the following: lack of independence, lack of budgetary and administrative autonomy, inadequate staffing, lack of material and financial resources, restrictions on visiting certain facilities due to the refusal of officials, and difficulties monitoring places of detention in very large countries.

In its 2023 Annual Report, the IACHR also noted that El Salvador does not have an anti-torture mechanism, that Brazil has yet to create and/or implement certain local mechanisms, and that Honduras has not yet appointed a civil society representative to its mechanism.

According to Manfred Nowak, the former Special Rapporteur on Torture and Other Inhuman, Cruel, or Degrading Treatment or Punishment, the most effective way to prevent torture is to ensure that places of detention are open to public inspection and independent monitoring. In this regard, the IACHR urged States of the Americas that have not yet done so to promote the creation and establishment of mechanisms to prevent and combat torture, both at the national and local levels, taking into account the specific context and size of each country. The work of these mechanisms is fundamental to guaranteeing the protection of the fundamental rights of detainees and fulfilling international obligations regarding the deprivation of liberty.

The IACHR also called again on countries in the region to take measures to ensure that these mechanisms function correctly and to facilitate and strengthen their work. This includes providing these institutions with sufficient resources, the institutional support they need to carry out their mandate effectively, and the independence and autonomy they require to carry out their monitoring functions.

Finally, 15 countries in the region have not yet ratified the Inter-American Convention to Prevent and Punish Torture, and 21 have not acceded to the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In response, the IACHR urged the OAS Member States that have not yet done so to ratify these instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 148/24

10:20 AM