27
81.
In addition, during its on‐site visit to Guatemala in 1998, the IACHR found
that at the Pavón and Pavoncito prisons,
The guards do not enter the areas where the inmates live. The
disciplinary power within the facilities is exercised by the detainees and
prisoners themselves through so‐called “Committees of Order and
Discipline.” Such Committees are headed by an inmate reportedly chosen
“unanimously” by the rest of the inmates and who enforces authority
mainly through violence and threats.
[…]
In Pavón, the head of the Committee of Order and Discipline himself
showed the Commission around the facility at the request of the
authorities. When visiting Pavoncito, the Commission found itself
constantly escorted by the 140 members of the Committee, armed with
long sticks, as part of an intimidating display of authority. When the
Commission inquired regarding the purpose of the weapons, one of the
leaders of the Committee explained “it is for respect.”
The Commission is very concerned by information received which
indicates that these committees are used in many cases to abuse and
persecute the most vulnerable inmates, and by the open abdication of
official custodial authority in certain facilities and its impact on the fair
treatment of inmates and the protection of their right to life, physical
integrity and non‐discrimination. 100
Subsequently, in the context of a thematic hearing held in 2006, during the 124th period of
sessions, the IACHR was informed that in most Guatemalan prisons disciplinary functions
were still exercised by groups of prisoners known as “committees of order and discipline,”
(Comités de Orden y Disciplina) and that the “sanctions” that they applied went from
indefinite isolation to beatings resulting in death. In addition, the organizations that
presented in the public hearing indicated the discontent with the committees of order and
discipline as a cause of riots. 101
82.
In addition to these situations observed in Bolivia and Guatemala, the
IACHR observed similar situations in country reports on Colombia (1999) and Mexico
(1998). In the Colombia report, the IACHR referred to the delegation of control over certain
areas of some prisons to “’internal chiefs’, complaints were received which indicated that
mini‐fiefdoms had been created which possessed de facto authority and which charged
100
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VIII, paras. 25‐27.
101
IACHR, Public hearing: Situation of the Penitentiary System in Guatemala, 124º Ordinary Period of
Sessions, requested by Instituto de Estudios Comparados en Ciencias Penales de Guatemala (ICCPG), March 6,
2006.
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