73
209.
Essentially, penitentiaries must be guarded and run by professional
prison staff, who should be civilian, enjoy civil service status, have legal and regulatory ties
to the administration that establish their rights and duties, and be subject to a labor regime
established by law. In other words, a penitentiary service career needs to be
implemented. 245
210.
Penitentiary career staff must enjoy labor stability, promotions, and
progressive improvements in their working conditions based on years of service and other
merit‐based criteria contemplated by law. Conditions must be such as to ensure that a
career in the prison service is regarded as a viable option for obtaining a decent, well‐paid
job. Job stability must depend solely on performance and compliance with the law.
211.
The law must establish the internal disciplinary procedures needed to
ensure due administrative process, specifying the conducts for which prison officials will be
sanctioned; establishing the authorities competent to render these decisions, the
procedures for the internal investigations and the disciplinary sanctions that may be
imposed, along with the remedies available to the official involved to challenge the
rulings. All of which must, naturally, be without prejudice to any criminal liability the official
may have incurred, which will be dealt with in the regular court system. In the
Commission’s view, a properly functioning prison discipline system (with internal
investigation bodies responsible for trying and, where applicable, punishing conduct
previously classified as a breach or violation of the rules) is an essential feature of a
modern, professional, and democratic security force.
212.
Penitentiary career civil servants should receive a fair salary that is
sufficient to ensure them and their families a decent standard of living and that takes into
account the dangers, responsibilities, and stress proper to their functions, as well as the
technical skills required by the profession. 246 Moreover, as has often been ascertained,
paying low or ridiculously low salaries to officers (of any kind, including police officers)
responsible for the detention or custody of persons may make them prone to corruption or
to seek “bonuses.” 247
245
In general, the working conditions of these corrections officers, including their remuneration, should
be commensurate with the nature of the functions they perform. It is important that there is no perception that
prison officials are "second class" or “category below” the security agencies of the State, such as the police or
army. This is relevant because in practice it is common for prison officers to interact with these security sectors, in
such situations it is important that the latter conduct themselves with respect and professionalism in their
dealings with the prison officials.
246
In a similar sense, see also, IACHR, Report on Citizen Security and Human Rights, OEA/Ser.L/V/II.
Doc.57, adopted on December 31, 2009, para. 92.
247
See e.g., United Nations, CAT/OP/MEX/1, Report on the visit of the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Mexico, May 27, 2009, para. 102;
United Nations, Working Group on Arbitrary Detentions, Report on mission to Honduras, A/HRC/4/40/Add.4,
adopted on December 1, 2006, para. 77. In this regard, is particularly illustrative the following statement of the
UN Rapporteur on Torture on the situation on Paraguay:
The low wages of prison wardens, which were in some cases below the minimum wage and
in other instances more than three months overdue, the pivotal role of the personnel in the
distribution of resources, combined with the inmates’ dependency, constitute a situation
highly susceptible to the abuse of power. It is a common practice that prisoners have to pay
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