5
internal security of the prisons. If this essential condition is not met, it becomes difficult for
the State to ensure the fundamental legal rights of persons in its custody. In this regard, it
is unacceptable from every point of view that there are a number of prisons in the region
that are governed by systems of “self‐government”, in which effective control of all internal
aspects of the prison are in the hands of certain prisoners or criminal gangs, or systems of
“shared governance”, in which these gangs share the power and profits with the prison
authorities. When this occurs, the State becomes unable to guarantee the minimal human
rights of prisoners and completely turns upside down and distorts the object and purpose
of the deprivation of liberty. In these cases,�� there is an increase in the levels of violence
and deaths in prisons; a creation of dangerous circles of corruption, among other
consequences of the lack of institutional control in prisons.
15.
Likewise, it also refers to the high rates of prison violence in some
countries of the region such as Venezuela, which according to the information provided by
this State, there were 1,865 deaths and 4,358 wounded in violence (riots, brawls and
fights) in prisons in the period 2005‐2009. In this respect, it is recommended as a measure
to prevent violence, to reduce the overcrowding and overpopulation; to effectively prevent
the entry of weapons, drugs, alcohol and other illicit substances to prisons, to establish a
proper classification and separation of prisoners; to ensure continuous training and
appropriate prison staff; and to end impunity by investigating and punishing acts of
violence that are committed.
16.
Similarly, this opening chapter develops other basic duties of the State
arising from its role as guarantor of the rights of persons deprived of liberty, such as: (a) to
secure a prompt and effective judicial control of detention, as a fundamental guarantee of
the rights to life and physical integrity of detained persons; (b) the duty to maintain
complete records, organized and reliable regarding the people entering the detention
centers, and the duty to conduct an initial medical examination of detainees to determine
the possible existence of signs of violence and the presence of communicable diseases that
warrant specific treatment; (c) the need for suitable, qualified prison staff to exercise their
functions under appropriate conditions, which must be civil in nature and institutionally
separate from the police or the army –especially if in direct contact with inmates or their
families–; the duty to resort to the use of force – deadly and not deadly – only when
strictly necessary, proportionate to the nature of the situation that is sought to control,
according to previously established protocols for that purpose, and ensuring that such
actions are subject to institutional and judicial controls; and the duty to establish
appropriate judicial resources and complaint systems effective against possible human
rights violations arising from the conditions of detention.
17.
Chapter III on the Right to life discusses the main situations in which the
Commission has observed that the lives of persons deprived of liberty are at risk, the most
important one being prison violence among inmates. Thereafter, there is a wide range of
scenarios ranging from those in which the authorities themselves are directly responsible
for the deaths of prisoners (including extrajudicial executions, enforced disappearances
and deaths due to excessive use of force), to cases in which the inmates resort to suicide,
to situations where the victim's death was due, for example, to lack of timely medical care.
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