62
Sufficient and qualified personnel shall be available to ensure security,
surveillance, and custody, as well as to attend to medical, psychological,
educational, labor, and other needs. 213
175.
The suitability of penitentiary personnel comprises the skills, competence
and abilities of the individuals concerned; thus:
Every penitentiary system must be based on shared values that
constitute an ethical and moral framework for public activity. Values such
as respect for the dignity of the person, including gender equity, respect
for the diversity of cultures, religions, and political and social opinion,
solidarity, respect for the law, honesty, and transparency. Without a
strong ethical context, that situation in which one group of people is
granted considerable authority over another can easily turn into an abuse
214
of power.
176.
One of the most serious problems observed by the IACHR with regard to
the suitability of penitentiary personnel is that custody is exercised by members of the
police or armed forces trained under anti‐democratic regimes or by instructors or higher‐
ranking officers educated under such regimes. This state of affairs, typical of young
democracies, is detrimental because certain practices that impede the respect for
fundamental rights tend to persist in these security forces, abetting the maintenance of an
institutional culture of violence.
177.
On that subject, the IACHR considered, in its Third Report on the Human
Rights Situation in Paraguay (2001), that one of the reasons why the practice of torture in
both prisons and police stations was such a recurrent problem was precisely that
individuals trained in the Stroessner school had stayed on as members of the police and
armed forces. The IACHR commented:
[A] thoroughgoing reform is needed of the police and military in Paraguay
that includes as part of police and military training instruction in the
principles related to democracy and the observance of human rights. At
the same time, a profound change is needed in these institutions, which
to date maintain an intricate structure based on chains of command that
often makes it difficult to determine individual liability when abuses are
committed by their members. 215
178.
The Commission emphasizes that a key element in the suitability of
penitentiary personnel is precisely the ethical and moral integrity of the individuals
213
In the same vein, the Standard Minimum Rules for the Treatment of Prisoners (Rules 46.1, 46.3, 48
and 51) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Rule 82).
214
United Nations Latin American Institute for the Prevention of Crime and the Treatment of Offenders
(ILANUD), Crime, Criminal Justice and Prison in Latin America and the Caribbean, 2009, p. 272.
215
IACHR, Third Report on the Situation of Human Rights in Paraguay, Ch. IV, para. 36.
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