A thorough investigation be carried out to identify the cause and circumstances of the deaths of the 17 persons involved in the escape that took place on 18 July 2009, and of the injuries of the person who was captured. The guards assigned to surveillance of the “dead zone” should be provided with rubber bullets, and the principle of proportional use of force should be observed at all times. A record must be kept of all incidents in which police officers assigned to the prison resort to the use of weapons. This register should contain information on the officer’s identity, the circumstances in which the shots were fired (including date, time and place), the consequences, the identity of those wounded or killed, and the relevant medical reports. Measures to prevent the possession of weapons by inmates should be tightened up. Submission of complaints or appeals as a safeguard against torture and ill-treatment 256.In general, prisoners tended to be largely unaware that it was possible to submit a complaint or appeal in the event of torture or ill-treatment. The overall attitude was one of resignation and fear of reprisals if they reported ill-treatment, since the prisoners generally had contact with the warden only through the coordinators or the guards, who were precisely the ones against whom a complaint might be made. Apart from the lack of regular, unrestricted contact between inmates and their public defenders, the absence of mechanisms for public scrutiny make it difficult to report ill-treatment. 257.The Subcommittee considers that the right of prisoners and their lawyers to submit petitions or appeals regarding their treatment to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities with reviewing or remedial powers, constitutes a basic safeguard against torture and ill-treatment. 258. The Subcommittee recommends that the State party should set up an effective, confidential and independent complaints system in all prisons. Each prison should keep a register of complaints, which should include information on the complainant’s identity, the nature of the complaint, the action taken, and the outcome of the complaint. Women prisoners 259.The Subcommittee observed that men and women in San Pedro Sula Prison were not held separately, women being a small minority. It noted the easy relations between men and women prisoners, and the presence of men in the women’s cells. The Subcommittee had clear indications, on the basis of accounts corroborated by its own observations, that some women prisoners were working as prostitutes in the two prisons visited. There is a general coordinator for all inmates, another coordinator for the men, and another for the women. The women’s coordinator commented that the female prisoners did not wish to be separated from the male prisoners because they made a living from the products they sold during visits to male prisoners. When questioned by the Subcommittee, the coordinator said that the women are not sexually harassed by the men, since the general coordinator maintains order. The Subcommittee noticed that some of the women prisoners had been instructed in how to reply, and noted their apprehensiveness regarding certain subjects. 260. The Subcommittee recommends that adequate measures be taken to protect women prisoners, and that the principle of separation between women and men in prisons should be observed. 261.In its reply to the Subcommittee’s preliminary observations, the Office of the Attorney-General remarked that this recommendation requires the installation of adequate facilities, which entails planning, funding and carrying out the necessary work. VII.National preventive mechanism 262.The Subcommittee commends the process that led to the adoption of the National Preventive Mechanism Act. This process has been cited as exemplary because of the open, transparent and inclusive involvement of various actors. Special mention should be made of the role played by the legislature, the offices of the attorneys for human rights and civil society organizations. The Subcommittee is pleased to note that the national preventive mechanism was established by law, as a prerequisite for its institutional stability and functional independence. 263.The Subcommittee is also satisfied with the current content of the National Preventive Mechanism Act, as adopted, in that it meets most of the minimum requirements of the Optional Protocol, including: a broad definition of deprivation of liberty; equitable composition of the preventive mechanism in terms of gender balance and representation of ethnic and minority groups; and an obligation on the part of the authorities to cooperate with the preventive mechanism. Of particular note are the principles of institutional cooperation and participation by citizens, which will be reflected in the membership of the National Committee for the Prevention of Torture and the establishment of an advisory council, both of which include representatives of civil society. 264.The Subcommittee hopes that, once the country surmounts the current institutional crisis, steps will be taken to appoint the members of the national preventive mechanism, and that their necessary functional independence will be guaranteed by means of their appointment via a transparent process, granting them the prerogatives and immunities provided for by the Optional Protocol, and assigning them a budget commensurate with the complexity and importance of their functions. 265.The Subcommittee trusts that this will set in motion a mechanism that, in accordance with the conditions laid down in the Optional Protocol, will ensure the necessary and urgent effective and continuous oversight of conditions of deprivation of liberty. As matters stand, such oversight is grossly inadequate in terms of quantity and quality, according to the numerous allegations received and the many findings made by the Subcommittee.