26
77.
Accordingly, the fact that the State exercises effective control of the
prisons implies that it must be capable of maintaining internal order and security within
prisons, not limiting itself to the external perimeters of the prisons. It should be capable of
ensuring at all times the security of the prisoners, their family members, visitors, and those
who work in the prisons. It is not admissible under any circumstance for the prison
authorities to limit themselves to external or perimeter surveillance, leaving the inside of
the facilities in the prisoners’ hands. When this happens, the State puts the prisoners at
permanent risk, exposing them to violence in the prison and to the abuses of other more
powerful prisoners or the criminal groups that run such prisons.
78.
Similarly, the fact that the State exercises effective control over centers
of detention also implies that it should adopt the measures necessary to prevent the
prisoners from committing, directing, or ordering such criminal acts within or from the
prisons.
1.
Consequences of the lack of effective control of prisons
79.
In reality, when the State does not exercise effective control of the
prisons at the three fundamental levels mentioned, serious situations arise that put the life
and integrity of prisoners and even third persons at risk, such as: systems of “self‐
government” or “shared government,” which is also the result of the corruption endemic in
many systems; the high indices of prison violence; and the organization and direction of
criminal acts from prisons.
80.
The IACHR, in the exercise of its monitoring function, has observed such
situations with concern in several countries of the region. Thus, for example, the IACHR
was able to determine in its 2006 visit to Bolivia, that:
[I]n practice, internal security in the prisons is generally in the hands of
the inmates themselves. In the San Pedro prison, for example, members
of the National Police seldom venture within the walls, confining
themselves for the most part to external security and inspections of
visitors. Within the prison, the men deprived of liberty, their wives or
partners and their children are left to their own fate. The prison
authorities recognized, and the delegation of the Commission confirmed,
that prisoners sell or rent individual cells. This means that an inmate does
not have the right to a cell, and that he has to pay to have a place to
sleep; or else he will sleep in a corridor or out in the courtyard, exposed
to the elements of the weather. In the Chonchocorro prison, the
Commission was informed that the sports gymnasium belonged to an
inmate, who charged a membership fee of 20 bolivianos a month for its
99
use.
99
IACHR, Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy in Bolivia,
Ch. III, paras. 201‐202.
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