150
424.
Similarly, based on information submitted by Diego Portales University,
during a search conducted on May 10, 2010, at the Villarica Prison, ten inmates were
allegedly taken undressed to the yard of the facilities by members of the Gendarmeria
(rural police force) who beat them and subjected them to an “exercise session.” They were
then returned to their cells where they were rinsed off with cold water to make sure that
no signs of any injury remained. 502
425.
The IACHR notes that one of the most common practices in the realm of
prisons is how authorities use force without a second thought in performing searches. 503
Nonetheless, as is required anytime that force is used, searches must be performed with
the strictest respect for the lives and personal integrity of the persons deprived of liberty.
426.
Moreover, in the case of Montero Aranguren et al the Inter‐American
Court reiterated and fleshed out the fundamental principle that “the use of force by
governmental security forces must be grounded on the existence of exceptional
circumstances and should be planned and proportionally limited by the government
authorities.” Therefore, “force or coercive means can only be used once all other methods
of control have been exhausted and failed.” 504 Moreover, Article 3 of the Code of Conduct
for Law Enforcement Officers 505 provides that “[l]aw enforcement officials may use force
only when strictly necessary and to the extent required for the performance of their duty.”
427.
In the specific context of the use of force in a prison setting, the Standard
Minimum Rules for Treatment establish that in using force, prison facilities officials must
adhere to the principles of legality, necessity, proportionality and supervision. 506 Likewise,
the Principles and Best Practices on the Protection of Persons Deprived of Liberty prescribe
more broadly that:
The personnel of places of deprivation of liberty shall not use force and
other coercive means, save exceptionally and proportionately, in serious,
urgent and necessary cases as a last resort after having previously
exhausted all other options, and for the time and to the extent strictly
necessary in order to ensure security, internal order, the protection of
the fundamental rights of persons deprived of liberty, the personnel, or
the visitors. 507
502
Universidad Diego Portales, Centro de Derechos Humanos de la Facultad de Derecho, Informe Anual
sobre Derechos Humanos en Chile 2010, pp. 116‐117.
503
See e.g.,, I/A Court H.R., Case of Miguel Castro‐Castro Prison V. Peru. Merits, Reparations and Costs.
Judgment of November 25, 2006. Series C No. 160, para. 326; IACHR, Report No. 67/11, Case 11.157, Merits,
Gladys Espinoza Gonzales, Perú, March 31, 2011, paras. 142, 148, 149, 151 and 184.
504
I/A Court H. R., Case of Montero Aranguren et al. (Detention Center of Catia) V. Venezuela.
Judgment of July 5, 2006. Series C No. 150, para. 67.
505
United Nations Code of Conduct for Law Enforcement Officials, adopted by General Assembly
resolution 34/169, December 17, 1979.
507
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
(Principle XXIII.2).
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