identity of the offender, the penalty imposed, its duration and the officer who ordered it should be indicated.
Prison management, corruption and system of privileges
205.The Subcommittee noted that the shortage of staff assigned to the prisons had given rise to a regime of self-governance, under
the control of “coordinators” and “subcoordinators” who are prisoners who act as spokespersons in dealings between the authorities
and the rest of the prison population. Each wing has a coordinator and a subcoordinator and there is a general coordinator for each
prison. The Subcommittee talked with the general coordinator of the Marco Aurelio Soto prison, who identified himself as the
“spokesperson” for the prisoners and stated that he was a liaison between them and the authorities. The Subcommittee noticed the
coordinator’s smart appearance, and the quality of his clothes, in contrast with that of other prisoners. From talking with inmates, the
Subcommittee learned that the coordinators and subcoordinators are in charge of keeping order and assigning spaces in each wing.
This was accepted by the prison staff with whom the Subcommittee spoke, who also revealed that they never enter some wings, such
as those where the members of maras are held.
206.The Subcommittee observed that, in the facilities visited, corruption was institutionalized by way of a sophisticated system that
included procedures, steps and time frames. It starts the moment a prisoner arrives in the facility, and seems to have reached an
alarming level of institutionalization and sophistication. Through talks with a large number of prisoners, the Subcommittee learned that
they must pay a considerable sum of lempiras in order to enjoy benefits of any kind, including a cell or a place to sleep. The sum may
vary depending on the location, space and comfort level desired. The price of a space ranges from 700 to 1,500 lempiras for the
most modest spots; from 5,000 to 6,000 for a spot in the assessment wing of the Marco Aurelio Soto prison, and sometimes as
much as 25,000 lempiras for VIP spots in that wing. Prisoners are supposed to remain in the assessment wing only until it is
determined which wing would be most appropriate for them. However, this wing serves as a protected space and some prisoners
manage to remain there for years, paying not to be sent to cells that are more violent and dangerous. The assessment wing has some
dormitories or “homes” that are extremely overcrowded, and other individual “VIP” spaces, where the prisoners who act as
coordinators live. The material conditions of these cells are generally speaking conspicuously better than in the rest of the facility in
terms of the amount of individual space, the plentiful electronic equipment, and the quality of the food. These situations could not exist
without the acquiescence or active involvement of the prison authorities, showing that such privileges are the obverse of the inhumane
living conditions elsewhere in the prison.
207.The system of corruption and privileges described above has spread to all aspects of daily prison life, and covers the obtaining of
beds, mattresses, food, air conditioning units, televisions and radios. According to repeated and concurring statements by prisoners,
weekly fees ranging from 15 to 20 lempiras are to be paid to the coordinators for cleaning and maintaining order in the wing.
208.On the basis of information received, the Subcommittee concludes that corruption plays a fundamental role in the incidence of
torture and ill-treatment. People enter the system under duress and become corrupt so as not to suffer abuse. Corruption pervades
the entire detention system and involves all actors, prison staff, prisoners and outsiders. It discriminates against anyone who fails to
comply and places them in a position of extreme vulnerability; and it sets up a system of relationships in which every aspect of daily
life is subject to a financial transaction. Prisoners who do not follow the rules are sent to places where their lives and physical wellbeing are in serious danger. This affects the right to health and to food, the right to an adequate standard of living, and the right to
communicate with the outside, especially the family. Corruption also ensures silence, blocks complaints and guarantees impunity. A
system of corruption as hermetic and complex as the one observed by the Subcommittee offers no choice as to entering it and no
way to escape from it. Those who do not enter the system go under.
209.The Subcommittee is concerned at the allegations it has received that the judicial system, the Office of the Public Prosecutor, and
the Office of the National Commissioner for Human Rights (CONADEH) are apparently indifferent to or ignorant of the problem of
corruption. This is demonstrated by the lack of monitoring and the absence of in-depth investigations into a situation that has been
denounced and substantiated over and over. Nevertheless, some prison authorities as well as members of the judiciary, the Office of
the Public Prosecutor, and the Office of the National Commissioner for Human Rights are aware of the problem of corruption and
speak frankly and openly about it, an attitude that could help to undermine the system’s inherent impregnability. The scope and depth
of the problem of corruption call for a very high level of political commitment to effect any meaningful reform. The Subcommittee
would like to emphasize that there can be no real solution if the police remain in control of the prisons.
210.In its reply to the Subcommittee’s preliminary observations, the Office of the Attorney-General stated that the Subcommittee’s
statements contained allegations that merited an in-depth investigation in order to duly establish liability. The institutions of the State,
including the Office of the Public Prosecutor, have taken action within the scope of their powers when they have been informed of
such situations. Some of the breaches described are of an administrative and budgetary nature, and therefore can be remedied.
However, the Attorney-General rejects the charge that institutions are indifferent to the problem.
211.CONADEH also disagreed with the Subcommittee’s assertion regarding indifference and ignorance in respect of corruption.
212. The Subcommittee recommends:
(a) Adopting a prison policy that sets out a comprehensive plan with goals, objectives and phases, for the establishment
of an autonomous structure, independent of the police and capable of carrying out the duties and tasks that are vital to
its purposes;
(b) Increasing the number of prison guards in the prisons to an appropriate level to ensure respect for the safety of all
prisoners;
(c) Replacing police with specialist prison staff, properly selected and trained, and with supervisory and administrative
officers who are identifiable to prisoners and prison staff;
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