105
292.
The IACHR considers that regardless of whether the initial cause of these
fires was an outbreak of violence (e.g. a riot or an escape attempt) or whether they started
spontaneously for other reasons, the majority occurred in overpopulated prisons in a state
of physical disrepair where there were no mechanisms or protocols for dealing with these
situations, and/or in circumstances where the authorities acted with manifest negligence in
controlling the emergency. In most cases the authorities were already aware of the
conditions and the level of risk that existed.
293.
In light of the foregoing considerations, the IACHR reiterates that the act
of imprisonment carries with it a specific and material commitment to protect the
prisoner's human dignity so long as that individual is in the custody of the State, which
includes protecting him from possible circumstances that could imperil his life, health and
personal integrity, among other rights. The State, being responsible for prisons, has a
specific obligation to maintain and preserve its electrical installations in such a way that
they pose no threat to anyone (either inmates or administrative, judicial, or security
personnel, visitors and other persons who frequent the prisons). The State must also
ensure that prisons have early warning systems to detect threats and proper equipment to
react to emergencies of this kind. Furthermore, prison personnel must be trained in
335
evacuation procedures, first aid and how to respond to events of this type.
294.
In the case of minors deprived of liberty, the applicable international
standards expressly provide that:
[…] The design and structure of juvenile detention facilities should be
such as to minimize the risk of fire and to ensure safe evacuation from
the premises. There should be an effective alarm system in case of fire, as��
well as formal and drilled procedures to ensure the safety of the
juveniles. Detention facilities should not be located in areas where there
are known health or other hazards or risks. 336
295.
The IACHR also underscores that States have the obligation to conduct
meaningful, diligent, and impartial investigations into fires that occur at centers of
deprivation of liberty, in order to impose appropriate criminal and administrative penalties
on any authorities that bore some measure responsibility for the events and, furthermore,
to provide effective reparation to victims.
Lack of urgent medical care
296.
Another of the reasons why a significant number of persons deprived of
liberty die in prisons in the region is lack of urgent medical care. Thus, for instance:
335
IACHR, Report No. 118/10, Case 12.680, Merits, Rafael Arturo Pacheco Teruel et al., Honduras,
October 22, 2010, para. 63.
336
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Rule 32).
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