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.
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