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power over the lives of others; (c) the existence of systems in which the State delegates
authority for maintaining discipline and order to certain groups of inmates; (d) power
struggles between inmates or criminal groups for the control of prisons or of space, drugs,
and other criminal activities; (e) the possession of all kinds of weapons by inmates; (f) drug
and alcohol use among inmates; and (g) overcrowding, precarious conditions of
confinement, and lack of essential basic services for prisoners, which worsens tensions
among inmates and prompts the strongest to fight for the space and resources available.
282.
Therefore, the Commission considers it crucial that States adopt all the
necessary measures to reduce levels of violence in prisons to a minimum by countering the
above‐mentioned causal factors. This entails designing and instituting prison policies aimed
at preventing crisis situations, such as outbreaks of prison violence. These policies should
include plans of action for seizing weapons—in particular lethal ones—in the possession of
prisoners and preventing the population from rearming. Furthermore, States should
introduce—in keeping with mechanisms characteristic of a State governed by the rule of
law—strategies for dismantling criminal structures that have taken root in prisons and that
control various criminal activities, such as trafficking in drugs and alcohol or extortion of
other inmates, which usually occur with the complicity of prison authorities and other
security forces.
283.
These violence prevention policies should be made part of the overall
framework of comprehensive prison policies that also address other structural problems in
prisons. In this regard, the housing of inmates in adequate conditions of confinement, as
well as their segregation according to basic criteria, such as sex, age, procedural status, and
type of offense, are in themselves ways to prevent prison violence. In addition, prison
guards should be provided with the necessary training and equipment to allow them to
intervene effectively in the event of riots or fighting among inmates so that timely action
on their part can, if possible, forestall any loss of human life.
284.
Another basic prevention measure is the investigation, prosecution, and
punishment of those responsible for deaths that occur in incidents of prison violence. The
IACHR reiterates that allowing acts of this nature to go unpunished sends the prison
population the message that such deeds can be perpetrated without further legal
consequence, thus creating a climate of impunity. The only possible response on the part
of the State to inmates who are responsible for attacks on the lives of other inmates is
criminal prosecution and imposition of appropriate disciplinary and prevention measures.
Therefore, the authorities in charge of such investigations must be independent of the
body or force whose acts are under investigation.
C.
Deaths resulting from the lack of prevention and timely actions of the
authorities
285.
The IACHR notes that a significant number of deaths of persons deprived
of liberty in the region’s prisons come about as a result of a lack of prevention and timely
care on the part of the authorities. This includes, for example, deaths as a result of fires or
cases of persons suffering from serious diseases or whose condition warranted urgent care,
and who died because they failed to receive assistance. In situations of this type the State
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