described should be taken seriously by the competent authorities within the prison system. Under the circumstances, trial judges
should take action of an administrative nature.
Prison staff
233.The Subcommittee received information about the shortage of prison staff in both prisons, as well as about their general lack of
preparation and training. Of particular concern to the Subcommittee were reports that prison staff were subject to the “authority” of
the coordinators.
234. The Subcommittee recommends that the number of prison officers be increased to ensure the overall security of the
facilities, as well as the safety of both staff and prisoners from any acts of violence by other prisoners. The
Subcommittee further recommends that, in line with minimum international standards, staff should receive adequate
salaries and general and specialist training and take theoretical and practical tests to determine their ability to perform
this type of service.
235. The Subcommittee recommends that the State consider the possibility of establishing a higher-level course for
prison officers as a means of raising professional standards among prison staff. The Prison System Act currently going
through Congress may prove to be a valuable tool for organizing the prison system within a framework of legality and
effectiveness, and the Subcommittee therefore recommends its prompt adoption and implementation.
Discipline and punishment
236.The Subcommittee observed that a legal vacuum exists with regard to punishments applicable to prisoners and the behaviours
that constitute disciplinary offences. A number of inmates stated that they had been beaten as punishment by other inmates or by
prison staff, on orders from the coordinators, and that sometimes the coordinator himself administered the “punishment”. Inmates in
the Marco Aurelio Soto Prison in Tegucigalpa are sometimes punished with “three months in the corridor”, meaning that they have to
sleep in the corridors for that period of time. They are sometimes also tied to the mesh barriers or given several days or weeks in
solitary confinement. Another form of punishment is the suspension of conjugal and family visits.
237.In San Pedro Sula Prison, the Subcommittee was informed that the ordinary prisoners known as “paisas” had dug a tunnel,
which was discovered on 26 August 2009. The prison staff stated that they had made a report to the Office of the Attorney-General,
and that proceedings were taken against the inmates for two additional offences. According to reports received, those identified as
leaders were punished using some of the methods described above. Some inmates also reported that when police operations are
carried out, the police steal their belongings.
238.The Subcommittee also learned that on 17 July 2009, 18 prisoners escaped from the San Pedro Sula Prison. As a consequence,
all the members of the “18” gang were punished. They were denied visitors, their access to water and electricity was restricted, and
they were prohibited from using the air conditioning units, with severe consequences for the inmates, since the temperature in the cell
sometimes rises above 35 degrees. They were also banned from using the inner yard of their wing, and therefore got no sunlight.
239.The Subcommittee observed that in general, certain groups of individuals were segregated from others, such as the members of
the maras and those considered to be “extremely dangerous”. Many get no direct sun in their living area, which amounts to
discrimination against them in relation to other prisoners, and are denied the conditions for a decent life, without any legal basis for
such treatment. The Subcommittee considers that such persons must urgently be provided with a yard.
240.Some inmates expressed their dissatisfaction to the Subcommittee about the fact that there are no incentives for inmates who
exhibit good behaviour.
241. The Subcommittee recommends that all prisons establish disciplinary regulations, in accordance with the Standard
Minimum Rules for the Treatment of Prisoners, stipulating: (a) conduct that constitutes a disciplinary offence; (b) the
type and duration of the penalties that may be imposed; and (c) the authority competent to impose such punishments.
Any disciplinary measure should be applied in accordance with those regulations, and all prisoners should have a copy.
The Subcommittee recommends that all prisoners be granted the right to be heard before disciplinary action is taken and
to bring such action to higher authorities for review. The Committee also recommends that collective punishments be
abolished, including those imposed on inmates as a result of the escape that took place on 17 July 2009.
Work opportunities and cultural and educational activities
242.The Subcommittee noted that there were few work opportunities or cultural or educational activities in the two prisons visited,
where most prisoners are illiterate. In the Marco Aurelio Soto Prison, a young man complained that his permit to attend the university
had been revoked for no apparent reason. In addition, many prisoners were unhappy that they were permitted to use the sports
facilities and so get fresh air only two hours a week, spending the remainder of the time locked in their wing.
243.The Subcommittee noted that the prisoners did not benefit equally from work opportunities. In San Pedro Sula Prison, it
observed that there were a large number of shops offering a great variety of merchandise and services, including food, goods of every
kind, videos, cassettes, tobacco, haircuts and billiards. The prison administrator stated that these activities are regulated by the
Ministry of Security, and provided a copy of the rules, under which any person who transacts business in the prison must pay a
percentage — how much is not stated — of their earnings. The administration is required to record all earnings and expenditures in an
accounts book. Under this system, according to the administrator, the prison administration can use this “extra-governmental fund” to
maintain the prison and to pay for the transport of inmates. Although the Subcommittee observed that there was indeed a register of
authorized “businesses”, it also noted that the system was not transparent, since the criteria for obtaining a permit to run a business
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