148
issue recommendations to the appropriate authorities. 495 Health care staff must act
independently and autonomously in performing these monitoring duties, so that the
inmates do not lose the trust that they have placed in them and the proper doctor‐patient
relationship remains intact. The IACHR finds that these medical supervisory obligations
stem directly from the duty of the State to ensure inmates’ right to life and humane
treatment.
D.
Searches
419.
As has been mentioned above, State authorities have the inescapable
duty to ensure proper internal order and security at centers of deprivation of liberty, as
well as to enforce laws and regulations intended to regulate activity at these facilities.
Consequently, searches or inspections at facilities where inmates live, work or gather are a
necessary mechanism in order to seize illegal possessions such as weapons, 496 drugs,
alcohol, cell phones; or in order to prevent attempts at escaping. Nonetheless, these
procedures should be performed in keeping with protocols and processes that are clearly
established by law and in respecting the fundamental rights of the individuals deprived of
liberty. Otherwise, they could become a mechanism that is used to arbitrarily punish and
assault inmates.
420.
As for searches or inspections at facilities where inmates live, work or
gather, 497 the Principles and Best Practices establish the following fundamental
parameters:
Principle XXI: Whenever bodily searches, inspections of installations and
organizational measures of places of deprivation of liberty are permitted
by law, they shall comply with criteria of necessity, reasonableness and
proportionality. […] The inspections or searches in units or installations of
places of deprivation of liberty shall be carried out by the competent
authorities, in accordance with a properly established procedure and
with respect for the rights of persons deprived of liberty.
495
This obligation derives from the general duties of the physicians or competent health authorities to
inspect, evaluate and advise the administration of prisons on the sanitary and hygiene conditions of the facilities,
and constantly monitor the health conditions of persons subject to solitary confinement as a disciplinary sanction.
See, the Standard Minimum Rules for the Treatment of Prisoners (Rules 26.1 and 32.3); and the European Prison
Rules (Rule 44.b and 44.c).
496
For example, the Inter‐American Court has expressly ordered the confiscation of weapons from
inmates as a fundamental measure to protect the life and physical integrity of prisoners in the context of prisons
with high levels of violence. See, 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, Operative paragraph 1.
497
With respect to the searches and controls, the European Penitentiary Rules laid down inter alia that
the situations in which such searches are necessary and their nature shall be defined by law; the Staff shall be
trained to carry out these searches in such a way as to detect and prevent any attempt to escape or to hide
contraband, while at the same time respecting the dignity of those being searched and their personal possessions,
and that prisoners shall be present when their personal property is being searched unless investigating techniques
or the potential threat to staff prohibit this (Rule 54).
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