3.         Right to Humane Treatment and Terrorism

 

201.      In the context of state responses to terrorist violence, the above-mentioned guarantees governing the right to humane treatment are particularly relevant in several potential situations, including the treatment and interrogation of suspected terrorists during and after their capture by state agents, and, as discussed in Part III(H), the detention and removal of aliens, including women and children.

 

202.      As with other categories of human rights, where individuals fall under the authority and control of the state in situations outside of armed conflict, their treatment is governed exclusively by international human rights law. Where an armed conflict is underway, however, the treatment of detainees and others is also subject to international humanitarian law. Further, in the context of international armed conflicts, a preliminary issue arises concerning the status of detainees under the 1949 Geneva Conventions, which has implications for the nature of the treatment to which the individuals may be entitled, including in particular distinct treatment to be afforded to prisoners of war and civilians subject to internment.[506]  

 

203.      Accordingly, when individuals have committed belligerent acts and have fallen into the hands of the enemy in the context of an international armed conflict and a doubt arises as to their entitlements to prisoner of war status, a competent tribunal should determine the status of the detainees.[507] This is the case whether or not the individuals are suspected to have engaged in acts of terrorism. Until the status of the detainees has been determined by a competent tribunal, they should be afforded prisoner of war status[508] or a similar protection.[509]

 

204.      On this matter, it should be recalled that a prisoner of war is immune from criminal prosecution under the domestic law of his captor for his hostile acts that do not violate the laws and customs of war. This immunity does not, however, extend to acts that transgress the rules of international law applicable in armed conflict.[510]

 

205.      Notwithstanding the importance of ascertaining the status of persons falling into the hands of an adversary in international armed conflict situations, however, it is also significant to recognize that the regimes of human rights law and of international humanitarian law each provides for minimal and non-derogable requirements dealing with the humane treatment of all persons held under the authority and control of the state. While the humanitarian law protections governing international armed conflicts in particular provide for a specific and detailed lex specialis that must inform the right to humane treatment of victims of such conflicts, it is notable that many of the fundamental rules and principles under this regime are similar to those applicable outside of international armed conflicts, particularly with respect to the conditions under which individuals may be detained and interrogated. A discussion of these similar requirements and their corresponding sources under international human rights and humanitarian law is provided below.

 

206.      Specifically with regard to conditions of detention, as individuals may be detained either before any criminal charges have been brought against them, untried prisoners should be kept separate from convicted prisoners.[511] In addition, men and women should be detained in separate institutions or in separate parts of a same institution,[512] and children should be detained in institutions or parts of the same institution separate from adults.[513]

 

207.      The facilities in which detainees are kept must also respect minimum physical attributes. Under no circumstances may detainees be held in locations that would endanger their lives or physical and mental health.[514] Detainees should be kept in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the climate.[515] In addition, the premises are to be protected from dampness, adequately heated and lighted, and sleeping quarters are to be sufficiently spacious and well ventilated. The detainees are to have suitable bedding and blankets considering the climate, and the personal characteristics of the detainees. They should have access to sanitary conveniences sufficiently hygienic and clean.[516] The detainees should have adequate water, food, clothing and necessary medical attention.[517] Any transfer or evacuation of detainees must be effected humanely.[518]

 

208.      While civilian courts are charged with supervising human rights protections in times of peace and states of emergency, the Third and Fourth Geneva Conventions provide the Protecting Powers[519] and, with the consent of the Detaining Power concerned, the International Committee of the Red Cross, with roles in supervising the detention and treatment of prisoners of war and civilian internees during international armed conflict. The ICRC may also play a similar role in the context of a non-international armed conflict.[520] However, as noted in Part III(C) concerning the right to personal liberty and security,[521] there may be circumstances in which the supervisory mechanisms under international humanitarian law are not properly engaged or available, or where the detention or internment of civilians or combatants continue for a prolonged period. Where this occurs, the regulations and procedures under international humanitarian law may prove inadequate to properly safeguard the minimum standards of treatment of detainees, and the supervisory mechanisms under international human rights law, including habeas corpus and amparo remedies, may necessarily supercede international humanitarian law in order to ensure at all times effective protection of the fundamental rights of detainees.

 

209.      Detainees who are subject to disciplinary or penal sanctions are to be afforded similar detention conditions, treated humanely at all times and never subjected to torture or inhumane treatment.[522] In particular, corporal punishments, prolonged periods of time in solitary confinement and the placing of detainees in dark cells are prohibited.[523] Instruments of restraint, such as handcuffs, chains, irons and strait-jacket, shall never be applied as a punishment, as they constitute prohibited corporal punishments.[524] Any treatment of additional surveillance or restraint on the detainees may never affect the detainees’ health and are to be used exceptionally in accordance with the principles of necessity and proportionality.[525]Treatments that could potentially endanger the detainees’ health are to be supervised by medical officers and prohibited if they actually endanger the health of the detainees.[526]

 

210.      The interrogation of individuals suspected of having committed terrorist activities is also strictly limited by both international human rights and humanitarian law standards relative to the right to humane treatment and the absolute prohibition of torture.[527]

 

211.      Accordingly, all methods of interrogation that may constitute torture or other cruel, inhuman or degrading treatment are strictly prohibited. This could include severe and deliberate mistreatment causing very serious and cruel suffering, such as severe beatings,[528] suspending prisoners in humiliating and painful ways,[529] rape[530] and sexual aggression,[531] electric shocks, [532] suffocation, [533] burns[534] and the extraction of fingernails or teeth.[535] 

 

212.      In addition, while each case must be evaluated on its own circumstances, torture or other cruel, inhumane or degrading treatment could include more subtle treatments that have nevertheless been considered sufficiently cruel, such as exposure to excessive light or noise, administration of drugs in detention or psychiatric institutions, prolonged denial of rest or sleep, food, sufficient hygiene, or medical assistance, total isolation and sensory deprivation.[536]

 

213.      Acts constituting other cruel, inhuman or degrading punishment or treatment are also strictly prohibited. As discussed above, conduct of this nature could include death threats,[537] prolonged incommunicado detention,[538] and deprivation of sleep.[539]

 

214.      Finally, it should be emphasized that  although detainees may be interrogated, they may not be compelled to be a witness against themselves, to plead guilty or to confess.[540] Moreover, in situations of international armed conflict, a prisoner of war under interrogation is not only entitled to the right against self-incrimination, but is only bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information, and cannot be compelled to answer any other question, or to give information other than that listed above.[541]

 

215.      Applicable international law norms may also have implications with respect to the detention and removal of immigrants, including those suspected of terrorist activity. Further discussion in this regard is provided in Part III(H) below concerning the situation of migrant workers, asylum seekers, refugees and other non-nationals.

 

216.      It should be emphasized that notwithstanding the threat or gravity of a situation of terrorist violence, and regardless of whether it arises in the context of armed conflict, the right to humane treatment is a non-derogable right under Article 27(2) of the American Convention and Article 5 of the Inter-American Torture Convention.[542] More specifically, the prohibition against torture constitutes a peremptory norm of international law,[543] and therefore may not be suspended or restricted under any circumstances.

 

D        Rights to Due Process of Law and to a Fair Trial

 

1.         International Human Rights Law

 

217.      Within the inter-American human rights system, the rights to due process of law and to a fair trial are prescribed principally in Articles XVIII and XXVI of the American Declaration and Articles 8 and 9 of the American Convention on Human Rights, which provide as follows:

 

 

American Declaration

 

XVIII.       Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.

 

XXVI.       Every accused person is presumed to be innocent until proved guilty. Every person accused of an offense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with pre-existing laws, and not to receive cruel, infamous or unusual punishment.

 

American Convention

 

8.1.         Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a. the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b. prior notification in detail to the accused of the charges against him; c. adequate time and means for the preparation of his defense; d. the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e. the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f. the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; g. the right not to be compelled to be a witness against himself or to plead guilty; and h. the right to appeal the judgment to a higher court. 3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind. 4. An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the same cause. 5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice.

 

9.             No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom.

 

218.      As is evident from the above texts, which mirror protections provided for in other regional and international human rights instruments,[544] these provisions guarantee fundamental substantive and procedural protections in the determination of accusations of a criminal nature. As discussed in further detail below, these protections are defined to encompass certain fundamental principles of criminal law, including the right to be presumed innocent, and the nullum crimen sine lege, nulla poena sine lege, and non-bis-in-idem principles. Also guaranteed are the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent and impartial tribunal, and a non-exhaustive enumeration of due procedural guarantees that are considered essential to a fair hearing.

 

219.      The rules and principles embodied in the above protections are relevant not only to criminal proceedings, but also, mutatis mutandis, to other proceedings through which rights and obligations of a civil, labor, fiscal or other nature are determined.[545] As will be elaborated upon in Part III(H) below, non-criminal proceedings to which certain due process protections have been found to apply in this and other human rights systems include procedures concerning the detention, status or removal of non-nationals.[546]   

 

220.      It should also be observed at this stage that certain multilateral conventions that address efforts to combat terrorism and its various manifestations specifically provide that individuals accused of crimes relating to terrorism must be afforded the legal guarantees of due process in any proceedings taken against them.[547]

 

221.      According to the jurisprudence of the inter-American human rights system, as articulated through opinions and judgments of the Inter-American Court of Human Rights and special and individual case reports of the Commission, the components of the requirements of fair trial and to due process of law entail certain essential requirements and restrictions. Several of the most pertinent of these attributes are discussed below.

 

[ TABLE OF CONTENTS | PREVIOUS | NEXT ]

 


[506] For example, during an armed conflict, prisoners of war should be detained in prisoner of war camps and not in regular prisons. Third Geneva Convention, supra note 67, Articles 21, 97. Civilian internees should similarly be detained in civilian camps and not in regular prisons. Fourth Geneva Convention, supra note 36, Articles 41-43, 68, 78-88, 124.

[507] Third Geneva Convention, supra note 67, Article 5. Additional Protocol I, supra note 68, Article 45. The determination as to whether a combatant is entitled to prisoner of war status need not necessarily require a trial by a civilian court, but can be made by an administrative body.  See, e.g., US Department of the Army, Field Manual 27-10, The Law of Land Warfare. See also Part II(B) on the right to personal liberty and security, para. 130; Part III(F) on the obligation to respect and ensure, non-discrimination and the right to judicial protection, para. 347.

[508] Additional Protocol I, supra note 68, Article 45.

[509] Third Geneva Convention, supra note 67, Article 5.

[510] See supra Parts II(B), III(B), III(D). See also United States v. List (The Hostage Case), Trial of the War Criminals before the Nuremberg Tribunal 1228, 1238 (1950) and United Nations War Crimes Commission, Law Reports of Trials of War Criminals, Volume VIII, 1949, at 50 (stating that “[i]t cannot be questioned that acts done in times of war under the military authority of an enemy cannot involve any criminal liability on the part of officers or soldiers if the acts are not prohibited by the conventional or customary rules of war.”); Lieber Instructions, supra note 208, Articles 56, 57; Third Geneva Convention, supra note 67, Article 87 (providing that “[p]risoners of war may not be sentenced […] to any penalties except those provided for in respect of members of the armed forces of the said power who have committed the same acts.”); David 1999, supra note 229, at 379-381; Sassoli & Bouvier, supra note 162, at 125-126.

[511] For applicable international human rights law standards, see American Convention, Article 5; UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 8. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Article 97; Fourth Geneva Convention, supra note 36, Article 124.

[512] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 8. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 25, 29, 97, 108; Fourth Geneva Convention, supra note 36, Articles 76, 85, 124; Additional Protocol I, supra note 68, Article 75(5). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36,
Article 5(2)(a).

[513] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 8. For international humanitarian law standards applicable in international armed conflicts, see Additional Protocol I, supra note 68, Article 77(4). However, with respect to protected persons subjected to internment, the Fourth Geneva Convention provides: “[…]Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them. Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life.” Fourth Geneva Convention, supra note 36, Article 82.

[514] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rules 9, 10, 11, 22-26.  See also Congo Case, supra note 419, para 58. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 13, 22-25; Fourth Geneva Convention, supra note 36, Articles 32, 85; Additional Protocol I, supra note 68, Articles 11(4), 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2).

[515] For international humanitarian law standards applicable in international armed conflicts, see Fourth Geneva Convention, supra note 36, Article 85; Third Geneva Convention, supra note 67, Article 25. For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 10.

[516] For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Article 25, and Fourth Geneva Convention, supra note 36, Article 85. For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, rules 10, 12–16, 19. Desmond McKenzie Case, supra note 272, para. 288. See similarly Baptiste Case, supra note 430, paras. 133-138.

[517] For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 15-16, 25-27, 29-32, 109 and following; Fourth Geneva Convention, supra note 36, Articles 38, 56 and following, 89-90.  For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rules 17-18, 20-26. Congo Case, supra note 419.

[518] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 33. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 19-20, 46; Fourth Geneva Convention, supra note 36, Article 49 and 127.

[519] See, e.g., Third Geneva Convention, supra note 67, Article 8 (providing that the Convention “shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict.”); Fourth Geneva Convention, supra note 36, Article 9.

[520] For international humanitarian law standards applicable in international and non-international armed conflicts, see Article 3 Common to the Four 1949 Geneva Conventions, supra notes 36, 67. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Article 126; Fourth Geneva Convention, supra note 36, Articles 142-143.

[521] See supra, Part III(C), para. 146.

[522] For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 13, 87, 89, 92, 97-98, 108; Fourth Geneva Convention, supra note 36, Articles 32, 100, 118, 119, 124-125; Additional Protocol I, supra note 68, Articles 11(4), 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2). For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rules 27-34.

[523] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rules 31, 32. See also Suárez Rosero Case, supra note 330; Desmond McKenzie Case, supra note 272, para. 288. See similarly Baptiste Case, supra note 430, paras. 133-138. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 13, 87, 89, 98, 108; Fourth Geneva Convention, supra note 36, Articles 32, 118, 119, 124-125; Additional Protocol I, supra note 68, Articles 11(4), 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2).

[524] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 33. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 13, 87, 108; Fourth Geneva Convention, supra note 36, Articles 32, 118-119; Additional Protocol I, supra note 68, Articles 11(4), 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2). Moreover, according to international human rights standards, chains and irons should never be used as restraints. See UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 33. While international humanitarian law standards do not expressly provide for such prohibition, the fact that irons and chains may inflict pain and cause physical damage suggests that even in armed conflict situations, the use of such instruments should be strictly limited to exceptional situations that require such measure, such as the transportation of detainees or the temporary protection of the detainees or their guardians, when there is no alternative restraint available, and only for the period of time requiring such measure.

[525] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rules 27 and following. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 87, 89, 92; Fourth Geneva Convention, supra note 36, Articles 118-119, 120.

[526] For applicable international human rights law standards, see UN Standard Minimum Rules for the Treatment of Prisoners, supra note 335, Rule 32.  For international humanitarian law standards applicable in international armed conflicts, Third Geneva Convention, supra note 67, Articles 13, 87, 89, 98, 108; Fourth Geneva Convention, supra note 36, Articles 118, 119, 125, and see Additional Protocol I, supra note 68, Articles 11(4) and 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2).

[527] For applicable international human rights law standards, see American Convention on Human Rights, supra note 61, Article 5; American Declaration, supra note 63, Article I; Inter-American Torture Convention, supra note 105. For international humanitarian law standards applicable in international and non-international armed conflicts, see Article 3 Common to the Four Geneva Conventions, supra notes 36, 67. For international humanitarian law standards applicable in international armed conflicts, see Third Geneva Convention, supra note 67, Articles 13, 14, 17; Fourth Geneva Convention, supra note 36, Articles 27, 32; Additional Protocol I, supra note 68, Articles 11(4), 75(2). For international humanitarian law standards applicable in non-international armed conflicts, see Additional Protocol II, supra note 36, Articles 4(2), 5(2).

[528] See, e.g., The Greek Case, supra note 391.

[529] See, e.g., Aksoy Case, supra note 346, para. 64.

[530] See, e.g., Aydin, supra note 417, para. 84.

[531] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119, referred to in Celibici TC Judgment, supra note 193, para. 467.

[532] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119, referred to in Celibici TC Judgment, supra note 193, para. 467.

[533] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119, referred to in Celibici TC Judgment, supra note 193, para. 467.

[534] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119, referred to in Celibici TC Judgment, supra note 193, para. 467.

[535] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119, referred to in Celibici TC Judgment, supra note 193, para. 467.

[536] See generally UN Special Rapporteur Report on Torture, supra note 413, para. 119. See also Muteba, HRC Case, supra note 414, para. 10.2; Setelich, HRC Case, supra note 414, para. 16.2; Weinberger, HRC Case, supra note 414, para. 4. See also Celibici TC Judgment, supra note 193, paras 461, 467.

[537] See, e.g., Lissardi & Rossi, supra note 412, at 51, 54.

[538] See, e.g., Velásquez Rodríguez Case, supra note 249, para. 156. See also Godínez Cruz Case, supra note 249, para. 164. See also Villagran Morales Case, supra note 130,
paras. 162-164.

[539] See, e.g., Ireland v. United Kingdom, supra note 386, para. 96.

[540] For applicable international human rights law standards, see American Convention on Human Rights, supra note 61, Article 8(3). For international humanitarian law standards applicable in non-international armed conflicts see Additional Protocol II, supra note 36, Article 6(2). For international humanitarian law standards applicable in international armed conflicts see Additional Protocol I, supra note 68, Article 75 (4). See Part III(D), para. 261.

[541] Third Geneva Convention, supra note 67, Article 17, See also ICRC Commentary on the Third Geneva Convention, supra note 350, at 156-159.

[542] American Convention on Human Rights, supra note 61, Article 27(2), Inter-American  Torture Convention, supra note 105, Article 5. See also Asencios Lindo et al. Case, supra note 6, para. 75; IACHR, Report on Canada (2000), supra note 338, paras. 118, 154; IACHR Report on Peru (2000), supra note 27. For international humanitarian law standards, see Article 3 Common to the Four Geneva Conventions, supra notes 36, 67; Third Geneva Convention, supra note 67, Articles 13, 14; Fourth Geneva Convention, supra note 36, Articles 27, 32; Additional Protocol I, supra note 68, Article 75; Additional Protocol II, supra note 36, Articles 4, 5.

[543] IACHR, Report on Canada (2000), supra note 338, paras. 118, 154.

[544] See, e.g., Universal Declaration of Human Rights, supra note 65, Article 11; International Covenant on Civil and Political Rights, supra note 66, Arts. 14, 15; European Convention on Human Rights, supra note 137, Articles 6, 7. Article 40 of the UN Convention on the Rights of the Child prescribes similar protections relating specifically to proceedings involving children and has been the subject of consideration by the Commission, supra note 122. See e.g. Rivas Case, supra note 408.

[545] See I/A Court H.R., Constitutional Court Case, Judgment of January 31, 2001, Ser. C Nº 7, paras. 69, 70 (finding that the minimum guarantees established under Article 8(2) of the Convention are not limited to judicial proceedings in a strict sense, but also apply to proceedings involving the determination of rights and obligations of a civil, labor, fiscal or other nature.). See also I/A Court H.R, Advisory Opinion OC-11/90, Exceptions to Exhaustion of Domestic Remedies (Articles 46(1), 46(2)(a), and 46(2)(b) American Convention on Human Rights), August 10, 1990, Series A, Nº 11, par. 28. See similarly UNHRC, General Comment Nº 13, Article 14 (21st sess., 1984), Compilation of General Comments and General Recommendations adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 14 (1994), para. 2 [hereinafter UNHRC General Comment Nº 13].

[546] See, e.g., Case 11.610, Report Nº 49/99, Loren Laroye Riebe Star and others (Mexico), Annual Report of the IACHR 1998, paras. 46, 65-70 (applying Article 8(1) of the American Convention in the context of administrative proceedings leading to the expulsion of foreigners); Ferrer-Mazorra et al. Case, supra note 114, para. 213; IACHR, Report on Canada (2000), supra note 338, paras. 109, 115; Case 10.675, Report 51/96, Haitian Interdiction Case (United States), Annual Report of the IACHR (1993), para. 180. See similarly Eur. Comm. H.R., Huber v. Austria, 1975 Y.B. Eur. Conv. on H.R., paras. 69-71; Eur. Court H.R., Albert and Le Compte Case, 10 February 1983, Series A Vol. 58, para. 39 (considering the principles of due process to be applicable, mutatis mutandis, to disciplinary sanctions of an administrative nature).

[547] See, e.g., UN Crimes Against Internationally Protected Persons Convention, supra note 35, Article 9 (“Any person regarding whom proceedings are being carried out in connexion with any of the crimes set forth in article 2 shall be guaranteed fair treatment at all stages of the proceedings”); 1977 OAS Terrorism Convention, supra note 7, Article 4 (“Any person deprived of his freedom through the application of this Convention shall enjoy the legal guarantees of due process”), Article 8 (“To cooperate in preventing and punishing the crimes contemplated in Article 2 of this Convention, the contracting states accept the following obligations: [. . .] (c) To guarantee to every person deprived of his freedom through the application of this convention every right to defend himself”); Inter-American Convention Against Terrorism, supra note 8, Article 15(3) (“Any person who is taken in custody or regarding whom any other measures are taken or proceedings are carried out pursuant to this Convention shall be guaranteed fair treatment, including the enjoyment of all rights and guarantees in conformity with the law of the state in the territory of which that person is present and applicable provisions of international law”).