IACHR Holds Brazil Accountable for Inhumane Prison Conditions Faced by Mauricio Hernández Norambuena

Original article: Corte IDH condenó a Brasil por inhumanas condiciones de encarcelamiento a Mauricio Hernández Norambuena

The Inter-American Court of Human Rights has declared Brazil’s international responsibility for the «specific detention conditions» endured by Mauricio Hernández Norambuena during his imprisonment in the country.

It is important to note that the former guerrilla fighter was subjected to a differentiated disciplinary regime (RDD) from February 2002 to November 2006.

This regime entails confinement of detainees in a single cell with limited rights, including only 2 hours of sun exposure daily, and the ability to receive visits from two people for a duration of two hours each week. This isolation can be extended for up to 360 days, renewable until it reaches a sixth of the total sentence.

Based on this context, the Court found the Brazilian state responsible for the «lack of adequate and sufficient justification for the decisions that determined the initial application and the extension of the RDD for Mr. Hernández Norambuena,» as well as for the lack of access to effective judicial remedies to challenge this regime’s implementation.

«Strictly Prohibited»

The IACHR defined isolation as separating an incarcerated individual from the rest of the prison population for a minimum of 22 hours a day, with negligible human contact.

In this context, the Court considered that isolation should be an exceptional measure, subject to review by the competent judicial authority, and under no circumstances can it be absolute or indefinite as it contradicts the right of every detained person to be treated with respect for their inherent human dignity, as required by Article 5.2 of the American Convention.

The ruling stressed that prolonged isolation, as well as any other measure that could severely jeopardize the physical or mental health of a detainee, is strictly prohibited.

«Upon analyzing the necessity, suitability, and proportionality, the Court assessed the detention conditions of Mr. Hernández Norambuena and concluded that he did not receive visits and had no opportunity for meaningful human contact within the penitentiary for approximately 3 years and 7 months, thereby concluding that the conditions to which he was subjected amounted to prolonged isolation,» stated the international body’s release.

As a result, the Court declared Brazil’s responsibility for violating Articles 5.1, 5.2, and 5.6 of the American Convention, relative to Article 1.1 of the same instrument, to the detriment of Mauricio Hernández Norambuena.

«Additionally, under the principle Iura novit curia, the Court declared a violation of the right to health, protected by Article 26 of the American Convention in relation to Article 1.1 of the same instrument. This was due to the lack of adequate medical attention and the conditions of deprivation of liberty that affected Mr. Hernández Norambuena’s physical and mental health,» the note emphasizes.

For the complete ruling, check it out HERE.

El Ciudadano