76
219.
The IACHR underscores the fundamental importance of the States taking
steps in the short, medium, and long term, to establish a penitentiary career service, and
training and hiring sufficient prison officers to cover the personnel needs of the
penitentiaries. In this way, they will gradually replace the police or military personnel
currently performing those functions and limit their intervention to exceptional cases and
circumstances.
F.
Use of force by security personnel in prisons
220.
In the Inter‐American human rights system, it has been established as a
guiding principle of State activity that “regardless of the seriousness of certain actions and
the culpability of the perpetrators of certain crimes, the power of the State is not
unlimited, nor may the State resort to any means to attain its ends. The State is subject to
law and morality.” 257 This criterion applies fully to the actions, policies, and means used by
States to maintain control and internal security in detention centers.
221.
Accordingly, the Inter‐American Commission on Human Rights has
established that the use of force “is a last resort that, qualitatively and quantitatively
limited, is intended to prevent a more serious occurrence than that caused by the State’s
reaction.” 258 And that:
The legitimate use of public force entails, among other factors, that it is
both necessary and proportional to the situation; that is to say that it
must be exercised with moderation and in proportion to the legitimate
objective being pursued while simultaneously trying to reduce to a
minimum personal injury and the loss of human life. The degree of force
exercised by state agents, to be considered within international
parameters, must not exceed what is “absolutely necessary.” The State
must not use force disproportionately and immoderately against
individuals who, because they are under its control, do not represent a
259
threat; in such cases, the use of force is disproportional.
222.
Thus, regarding the use of force by State agents, the IACHR’s Principles
and Best Practices establish as follows:
Principle XXIII (2).
The personnel of places of deprivation of liberty shall not use force and
other coercive means, save exceptionally and proportionally, in serious,
urgent and necessary cases as a last resort after having previously
257
I/A Court H.R., Case of Velásquez Rodríguez V. Honduras. Judgment of July 29, 1988. Series C No. 4,
para. 154.
258
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124. Doc.
5 rev. 1, adopted on March 7, 2006, (hereinafter “Report on the Situation of Human Rights Defenders in the
Americas”), para. 64.
259
IACHR, Report on the Situation of Human Rights Defenders in the Americas, para. 65.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents