141
393.
Another restriction that international human rights law places on the
imposition of disciplinary measures is the prohibition to delegate those functions on the
inmates themselves. On this issue, the Principles and Best Practices establish:
Persons deprived of liberty shall not be responsible for the execution of
disciplinary measures, or for custody or surveillance activities, not
excluding their right to take part in educational, religious, sporting, and
other similar activities, with the participation of the community, non‐
governmental organizations, and other private institutions. 471
394.
It is a fact that, at many prisons in the region de facto disciplinary powers
are wielded by specific inmates known as: chiefs, coordinators, foreman, leaders, capos,
pranes, cleaning, order and discipline committees, among other names, based on the
particular country.
395.
For example, in the context of precautionary measures recently granted
on behalf of persons deprived of liberty at the Professor Anibal Bruno Prison, in
Pernambuco, Brazil (MC‐199‐11), one of the elements taken into account by the IACHR in
determining the risk and levels of violence present at the facility was precisely the
argument that the functions of organization and internal security, including the application
of disciplinary punishment, were delegated to specific inmates known “gatekeepers.”
Based on information submitted by the petitioners, most of the aggression endured by the
inmates of that prison had allegedly been carried out or ordered�� by the gatekeepers.
Consequently, the IACHR requested the State to take the necessary measures to increase
security staff at the Professor Anibal Bruno Prison and put an end to the so‐called
gatekeeper system.
396.
This type of situation takes place especially at prisons where internal
oversight is, for the most part, in the hands of the inmates themselves, and also at prisons
that are understaffed with few security guards, where authorities decide to “delegate”
security functions to the inmates. In any case, even though the practice is quite
widespread, it poses a serious and anomalous situation that must be eradicated by the
States.
3.
Solitary confinement
397.
The Istanbul Statement on the Use and Effects of Solitary Confinement,
(hereinafter “the Istanbul Statement) defines this form of imprisonment as:
[t]he physical isolation of individuals who are confined to their cells for
twenty‐two to twenty four hours a day. In many jurisdictions prisoners
are allowed out of their cells for one hour of solitary exercise.
Meaningful contact with other people is typically reduced to a minimum.
471
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
(Principle XXII.5). In the same vein, the Standard Minimum Rules for the Treatment of Prisoners (Rule 28) and the
European Prison Rules (Rule 62).
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