40
prisons: Uribana, Guanare, Yare, Vista Hermosa, Tocorón, Internado Judicial de
Reeducación, and Trabajo Artesanal La Planta, Centro Penitenciario de Occidente en
Táchira); 137 Argentina (Santiago del Estero Prison); 138 and Mexico (Social Readaptation
Center No. 1 of Durango). 139
114.
In these press releases, the IACHR has consistently reiterated that the
States have the nonwaivable duty to guarantee the rights to life and humane treatment of
persons deprived of liberty, in light of which they must adopt specific measures to prevent,
investigate, and punish acts of violence in the prisons.
115.
The IACHR, in the exercise of its different monitoring powers, has
observed that the main causes of prison violence in the region are: the lack of effective
control of order and internal security of prisons; the lack of sufficient and trained security
personnel; corruption; the excessive use of force and humiliating treatment of prisoners by
the security agents; the entry and circulation of alcohol, drugs, and money in the prisons;
the possession of weapons by inmates; the activity of criminal groups that operate in the
prisons, and the constant disputes among these groups for control of them; overcrowding
and deficient conditions of detention; the lack of separation of inmates by categories; the
lack of protection of vulnerable groups; the absence of productive activities for the
140
prisoners; discriminatory and abusive treatment of prisoners’ family members; and the
shortcomings in the administration of justice, such as judicial delay. 141
116.
There is not, nor can there be, any reason for the State to abdicate its
peremptory duty to protect the life of and ensure humane treatment for persons who are
subject to its immediate, complete, and constant control, and who lack any effective
capacity for self‐determination and defense on their own. The most effective means of
ensuring the rights of persons deprived of liberty is to adopt preventive measures. The
137
IACHR Press Releases 1/07, 10/10, 27/10, 50/10, 110/10 and 7/11.
138
IACHR Press Releases 55/07.
139
IACHR Press Release 9/10.
140
The representatives of the IACHR who visited the prisons of Mendoza, December 13 to 17, 2004,
verified that one of the frequent causes of violence among prisoners was precisely the lack of activities in which to
engage themselves during the recreation hours. See, I/A Court H.R., Provisional Measures in the matter of
Mendoza Prisons, Order of the Inter‐American Court of Human Rights, June 18, 2005, Having seen
paragraph 24(b).
141
This situation is evident to the point that in practice many of the riots, hunger strikes, etc. that occur
in the prisons – whether organized by the prisoners or by their relatives – are motivated precisely by situations
such as judicial delay or shortcomings in the legal advocacy provided by public defenders. See, for example,
IACHR, Annual Report 2008, Chapter IV, Venezuela, OEA/Ser.L/II.134, Doc. 5 Rev.1, adopted on February 25, 2009,
para. 428. In addition, in the context of the precautionary measures granted by the IACHR with respect to the
Unidade de Internamento Socioeducativo in Brazil, it was observed that one of the causes of the constant riots
and disorders at that establishment were the shortcomings of the public defender services offered to the
prisoners. Precautionary Measures MC‐224‐09, Adolescentes privados de libertad en la Unidad de Internación
Socioeducativa (UNIS), Brazil. Another example may be seen in the provisional measures for the Uribana prison, in
which the petitioners alleged that some of the hunger strikes and other protest actions at that prison are
expressions of discontent over procedural delays. See I/A Court H.R., Provisional Measures in the matter of
Penitentiary Center of the Central Occidental Region (Uribana Prison), Order of the Inter‐American Court,
February 2, 2007, Having seen paragraph 2(d).
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