Professional Assistance before the Inter-American Human Rights System
The Inter-American Human Rights System (IAHRS) is a regional system within the framework of the Organization of American States (OAS). Its origins lie within the American Declaration of the Rights and Duties of Man of 1948, and currently it includes a series of international human rights instruments, such as the American Convention on Human Rights, the Inter-American Convention to Prevent and Punish Torture, and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women.
The system is composed of two bodies: the Inter-American Commission on Human Rights (IACHR), based in Washington, D.C., and the Inter-American Court of Human Rights (IACtHR), located in San José, Costa Rica.
The IACHR has the duty to promote and protect human rights in the Americas. Its work consists in three fundamental pillars: 1) a system of individual petitions, through which individuals can file complaints against a State for violation of their human rights, as well as request precautionary measures to prevent irreparable harm, either in the framework of a case or autonomously; 2) monitoring the human rights situation in the States of the region, through country visits, reports, hearings and other mechanisms; and 3) attention to priority thematic issues through its thematic rapporteurships.
In turn, the IACtHR is the regional human rights court, charged with applying and interpreting the American Convention and other human rights instruments of the IAHRS. The main functions of the Court are: 1) the resolution of claims against States that have accepted its jurisdiction for the violation of human rights of individuals or groups of individuals, as well as the supervision of compliance with its judgments; 2) a consultative function on the interpretation of the American Convention and the compatibility of the domestic norms of the States with the Convention; and 3) the function of issuing provisional measures in cases of extreme gravity and urgency, when necessary to avoid irreparable harm to the human rights of individuals.
IHR LEGAL has extensive experience providing specialized assistance in the filling of individual petitions for human rights violations before the IACHR, as well as representation and legal assistance in cases before the IACtHR. Additionally, IHR LEGAL files requests for precautionary measures before the IACHR, and we seek provisional measures before the IACtHR.
American Convention On Human Rights
Article 7. Right to Personal Liberty
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial […].