101
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them; not allowing or seizing copies during the searches of case files or other legal
documents in the possession of the inmate; and the transferring of prisoners to
locations far away from the judges or courts conducting their proceedings or from their
362
attorneys.
263.
With regard to procedural infringements arising during transfers of
detainees to prison facilities located at a considerable distance from the site of judicial
proceedings, the IACHR notes recent Recommendation No. 35/2013 issued by the
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in which this institution
National Human Rights Commission of Mexico (CNDH),
asserted that “prison transfers represent one of the most common forms of violation of
inmates’ legal certainty.” This is so because, among other reasons, they are far away
from the judges or courts hearing their cases and from the scene of the alleged crime,
which hampers the ability of the prisoners to follow their cases and be present at the
hearings, thereby limiting access to an adequate defense. Consequently, the CNDH
recommended that the competent authorities, “issue the respective instructions so that
prior to conducting a transfer, it is guaranteed that the person under pretrial detention
has the real and effective opportunity to defend himself in the case that has been
brought against him, in light of his right to due process of the law and, particularly, to a
defense.”
264.
Also, at a hearing on the human rights situation of persons deprived of
liberty at the Islas Marias Prison Complex –a federal facility located 112 kilometers from
the coast of the state of Nayarit, Mexico- the participant organizations stated that the
location of this prison facility is a considerable infringement of the right to defense of
the inmates being held there. The facility can only be reached by a vessel of the
Secretariat of the Mexican Navy once a week and heavy restrictions have been placed
on means of communication. This situation is particularly serious for inmates held for
…continuation
inspection, both on the way in and out. The inspection is conducted by members of the military, who even
control the notes taken by the lawyers during their interviews with their clients. […] This is even more serious
when it involves lawyers, because they are also subjected to searches, which are sometimes improper,
intrusive and humiliating.” UN, Working Group on Arbitrary Detentions, Report on the Mission to El Salvador,
A/HRC/22/44/Add.2, published on January 11, 2013, paras. 74 and 75.
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The Commission has received information that authorities in charge of the detention facility of
Guantanamo naval base have recently implemented the practice, among other ones, of patting down or
searching in the genital area of the detainees as a mandatory procedure prior to and after they hold
interviews with their lawyers.
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In this regard, the IACHR has said that “when transfers are executed arbitrarily or in
circumstances that are contrary to respect for the human rights of inmates, they could amount to visible
spaces or gray areas for the commission of abuses by authorities;” and it set standards for judicial control over
such transfers. IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas,
OEA/Ser.L/V/II, approved on December 31, 2011, paras. 485 and 500.
363
CNDH, Recommendation No. 35/2013, Regarding the case of inmates of Federal Social Readaptation Center No. 11 “CPS Sonora”, in Hermosillo, Sonora. México, D.F., September 25, 2013, paras. 56,
58, 66, 68 and 145. Even though this recommendation was given in response to the ongoing complaints
received at the “CPS Sonora,” the considerations and findings contained therein are applicable to every
Mexican federal penitentiary system.
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