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Part Two The Doctrine and Practice of the Inter-American System, 8 Detention and Conditions in Detention Centers

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzmán, Cecilia Naddeo

From: Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

James L. Cavallaro, Claret Vargas, Clara Sandoval, Bernard Duhaime, Caroline Bettinger-Lopez, Stephanie Erin Brewer, Diana Guzman, Cecilia Naddeo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 28 February 2021

Subject(s):
Imprisonment — Use of force, war, peace and neutrality

This chapter examines the inter-American system’s standards regarding the deprivation of liberty and the rights of detainees, as well as the challenges facing the Commission and Court’s work of enforcing the system’s protections against unlawful arrest, unlawful pre-trial detention, and abusive conditions in jails, prisons, and other detention centers. The System’s jurisprudence regarding the right to personal liberty, the meaning of "arbitrary" under Article 7 of the American Convention, and the standards regarding pre-trial detention, the excessive use of force against detained persons are covered in detail. The chapter also examines content and applicability of international standards on the treatment of persons deprived of liberty, and the role of civil society organizations and the Commission in promoting the rights of persons deprived of liberties in the Americas.

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