138
must be periodically reviewed by higher‐level authorities that can objectively assess their
suitability, effectiveness, and identify potential patterns of abuse and arbitrariness in the
application thereof.
2.
Limits on the exercise of disciplinary measures
382.
As previously mentioned, the exercise of disciplinary systems may not
contravene norms of international human rights law. This means essentially that sanctions
or punishments that are imposed on inmates must not constitute acts of torture or cruel,
inhuman or degrading treatment; 457 nor be imposed in such a way that they amount to a
violation of other rights, such as the right to protection of the family. 458
383.
The IACHR Principles and Best Practices provide that the law shall
prohibit: the imposition of collective punishment (Principle XXII.4); the suspension or
restriction of food and drinking water (Principle XI); and the application of corporal
punishment (Principle I). Additionally, the Minimum Standard Rules for the Treatment of
Prisoners establishes the prohibition of corporal punishment, close confinement in an unlit
cell and the use of means and instruments of coercion and physical restraint as a form of
disciplinary sanction (Rules 31 and 33). 459
384.
Likewise, in the case of Caesar, the Inter‐American Court broadly hashed
out the prohibition in force under international human rights law with regard to the use of
corporal punishment, and established that a State Party to the American Convention, as
provided in Article 1(1), 5(1) and 5(2) of said treaty, “has an obligation erga omnes to
refrain from imposing corporal punishments, as well as to prevent their imposition
inasmuch as they constitute, in any circumstance, cruel, inhuman or degrading treatment
or punishment.” 460
385.
In fact, both collective punishments and other forms of punishments that
run afoul of international human rights law are usually employed as a mechanism of
deterrence in situations such as brawls, riots and attempted prison breaks, and can range
from depriving a whole section of a jail or particular groups of inmates from regular
…continuation
United Nations, CAT/OP/MEX/1, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment to Mexico, May 27, 2009, para. 171.
457
In this sense, both the Inter‐American Convention to Prevent and Punish Torture (Article 2), and the
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (Article 1.1), contemplate as a
manifestation of the intent of torture in the purpose of punishing the victim.
458
On this matter, the European Prison Rules establish that, “Punishment shall not include a total
prohibition on family contact” (Rule 60.4).
459
This standards set forth by the Standard Minimum Rules for the Treatment of Prisoners have been
underscored by the Inter‐American Court of Human Rights, in I/A Court H.R., Provisional Measures, Matter of Urso
Branco Prison regarding Brazil, Order of the Inter‐American Court of Human Rights of June 18, 2002, Considering
paragraph 10. In the same vein, the European Prison Rules (Rules 60.3 and 60.6).
460
IA Court of HR, Case of Caesar vs. Trinidad and Tobago. Judgment of March 11, 2005. Series C No.
123, para. 57‐70.
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