32
unsanitary, and unsafe places. And clearly, the result is that the patterns of inequality and
marginalization in society are reproduced inside the prisons. In addition, the message is
sent to the prison population and society in general, that the administration of justice –
and clearly the State’s response to crime – does not operate equally for all persons. This
perception has a serious detrimental impact on the expectations of rehabilitation and
social reinsertion of persons subject to penalties entailing deprivation of liberty. In this
respect, the Working Group on Arbitrary Detention has considered:
When police officers, prison administration staff, judicial civil servants,
judges, public prosecutors and lawyers approach individuals deprived of
their liberty varyingly, depending on whether or not bribes or other
irregular payments or favors have been received, then the whole system
of guarantees becomes devoid of any content, empty and meaningless; it
renders defenseless all those who cannot or refuse to pay the amounts
that are asked from them and in turn further reduces the credibility of
111
the entire system of administration of justice.
94.
The exercise of effective control of prisons requires that the State adopt
the necessary measures for preventing the prisoners, or criminal bands that operate inside
the prisons, from organizing, directing, or committing criminal acts in or from the prisons.
95.
The IACHR addressed this issue in its Press Release No. 98/10 concerning
the existence of a child pornography ring in the National Penitentiary of Tacumbú.
According to the information analyzed by the IACHR – and which was widely disseminated
in Paraguay and internationally – a group of prisoners from that prison were contacting
minors via the Internet and using threats they were able to get them to visit the prison
where they forced them to engage in sexual acts that were filmed and photographed – all
inside the prison. 112
96.
Similarly, the administration of illegal operations by the prisoners
themselves from the prisons, as a result of the lack of capacity and resources to maintain
security, was one of the issues of concern to the IACHR in monitoring the human rights
situation in Bolivia. 113
97.
In addition, the Rapporteur on the Rights of Persons Deprived of Liberty
verified in its visit to El Salvador in October 2010 that one of the main challenges the State
faces is precisely preventing criminal activities directed and organized from the prisons,
mainly by gang members. The leaders of these groups order and direct, from the prisons,
the commission of crimes such as homicide and extortion, using increasingly sophisticated
111
United Nations, Working Group on Arbitrary Detentions, report submitted to the Human Rights
Council, A/HRC/10/21, adopted on February 16, 2009. Ch. III: Thematic considerations, para. 60.
112
IACHR, Press Release 98/10 ‐ IACHR Expresses Deep Concern over Situation in Paraguayan Jail.
Washington, D.C., September 24, 2010.
113
IACHR, Follow‐up Report ‐ Access to Justice and Social Inclusion: The Road Towards Strengthening
Democracy in Bolivia, OEA/Ser/L/V/II.135. Doc. 40, adopted on August 7, 2009, Ch. V, para. 117.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents