IACHR welcomes the decision issued by Grenada's Supreme Court against corporal punishment by flogging

December 6, 2024

Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) welcomes the ruling issued by the Supreme Court of Grenada, which declared the sentence of corporal punishment by flogging or whipping as unconstitutional.

The case that led to this ruling concerned three claimants, two of whom were subject to flogging as a result of their judicial sentences for contravening the Criminal Code and Praedial Larceny Act. The Commission notes that the Criminal Code and the Praedial Larceny Act of the State provided for persons convicted of offences to be sentenced to corporal punishment by flogging or whipping - forms of corporal punishment involving the use of a whip, light rod or cane. The Criminal Code prescribed rules concerning corporal punishment sentences, including rules regarding the instruments to be used, the maximum number of strokes and prohibited its use on women.

In its decision, the Court noted that the sentence of flogging or whipping constituted degrading and inhuman punishment or treatment. Even though the Court did not rule that the punishment breached section 5 of the Constitution, which prohibits torture or inhuman or degrading punishment, it held that the punishment was discriminatory against men and violated Section 13 of the Grenadian Constitution, which prohibits discrimination on the basis of sex. Ultimately, the Court ordered that the Criminal Code be modified to conform with the Constitution by removing all references of flogging and whipping. In relation to the Praedial Larceny Act, the Court ordered that the section relating to flogging be removed completely.

The IACHR welcomes the decision of the Supreme Court as it recognizes the right of all persons to receive humane treatment with unrestricted respect for their inherent dignity and fundamental rights, specifically their right to life and personal integrity. It is also worth noting that the Supreme Court in its decision highlighted that international and Inter-American standards denounce corporal punishment in all its forms as incompatible with international guarantees against torture, cruel and inhuman punishment.

According to the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, published by the Commission, States have the duty to protect this population against all acts of torture, cruel, inhuman or degrading treatment or punishment, corporal punishment, collective punishment, among other methods that have the purpose of nullifying the personality or diminishing the physical or mental capacity of the person.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Commission promotes and defends human rights in the region and acts as a consultative body to the OAS in this area. It is composed of seven independent members elected in their personal capacity by the OAS General Assembly, who do not represent their countries of origin or residence.

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. 309/24

11:43 AM