103
may bear international responsibility for its failure to take preventive steps or for manifest
negligence in situations that could have been avoided or mitigated, had the appropriate
authorities adopted adequate prevention measures and/or responded effectively to the
threats or risks that arose.
Fires
286.
The risk of fire at centers of deprivation of liberty is inherently high. This
is particularly so in the case of facilities that are overpopulated, dilapidated, and/or were
not originally built as centers of confinement. For greater comfort or privacy, prisoners very
often install curtains, hammocks, annexes, and improvised electrical connections that are
not properly supervised or controlled by the authorities. Coupled with this is the fact that
centers of deprivation of liberty contain a large amount of flammable materials and other
items belonging to inmates, such as cigarette lighters, matches, cigarettes, mattresses, and
paper, which can catch fire at any time.
287.
Thus, for instance, in the case of Rafael Arturo Pacheco Teruel et al. 325
the IACHR pronounced a decision on the fire of May 17, 2004, in communal cell 19 at San
Pedro Sula Prison, in which 170 inmates died and another 26 were seriously injured. The
fire was caused by a short circuit as a result of the large number of electrical appliances
connected by the inmates in an improvised manner, and it spread rapidly thanks to the
conditions of the place and the presence of flammable objects, such as curtains,
mattresses, sheets, and inmates’ clothing. In that proceeding, it was established that
communal cell 19 was a space approximately 200 m², built of cinderblocks and a
corrugated zinc roof, in which 183 inmates linked to the Mara Salvatrucha gang were living
when the fire broke out. The cell only had one door and a narrow ventilation slit in the
roof; there were no openings for natural light or running water. The interior was crammed
with bunk beds and inmates' possessions; the only free space was a narrow corridor
between the beds. In such a small and overcrowded space inmates had connected 62 fans,
2 refrigerators, 10 television sets, 3 air‐conditioners, 3 mini split compressors, 3 electric
irons, 5 loudspeakers, 1 sound system, 1 VHS video recorder, 1 microwave oven, 1 blender,
and 1 electric heater.
288.
In its analysis on the merits in that case, the IACHR determined that the
authorities were aware in advance of the shortcomings of the electrical system at San
Pedro Sula Prison, and in particular in cell 19; that there was no control over the ingress
and connection of electrical appliances; and that there was no supervision or monitoring
whatsoever of the conditions of the electrical system in communal cell 19. Furthermore,
there were no fire extinguishers or any measures in place to deal with an emergency of this
type. In fact, the prison director himself stated afterwards that the only protocol to follow
in the event of a fire was to shoot into the air to raise the alarm and secure the area until
the firefighters arrived. It was also determined that one of the reasons why the inmates
had connected so many fans and air conditioners was precisely that cell 19 lacked proper
ventilation and the conditions in it created an extremely hot and suffocating atmosphere.
325
IACHR, Report No. 118/10, Case 12.680, Merits, Rafael Arturo Pacheco Teruel et al., Honduras,
October 22, 2010, paras. 2, 15, 31, 33, 34, 35, 36, 43, 72, 73, 74, 76, and 77.
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