112
315.
In this regard, a number of States that presented responses to the
questionnaire published for the purposes of this report provided the following information:
(a)
In Argentina, 24 suicides were recorded in prisons of the Federal
Penitentiary Service between 2006 and 2009; in prisons of the province
of Buenos Aires Penitentiary Service there were 83 suicides between
2004 and 2009.
(b)
In Chile, 87 people reportedly died by suicide in the country's prisons
from 2005 to 2009.
(c)
In Costa Rica, from 2005 to 2009, there were 18 recorded suicides and 56
acts described as suicide attempts.
(d)
The Government of Nicaragua reported that in the five years prior to
September 2010 there were seven deaths by suicide in the prisons of the
National Penitentiary System.
316.
In exercising its contentious function, the IACHR has pronounced its
opinion on the content and scope of the responsibility of State in cases of suicide by
persons deprived of liberty. Thus, in the case of César Alberto Mendoza et al. (Incarceration
and perpetual confinement of adolescents), one of the victims, Ricardo David Videla
Fernández, committed suicide by hanging himself with his belt from one of the bars over
the window of his cell located in unit 11 “A” of the Young Adult Security Center at Mendoza
Prison. In this case, the IACHR determined that the State committed a sequence of
omissions that resulted not only in the deterioration of the victim’s well‐being, but also in
the loss of his life, which could have been avoided. 356
317.
In its analysis, the Commission took into consideration that: (a) The victim
was in a punishment cell under an isolation regime whereby he was locked up for 21 hours
a day; (b) the victim applied for a writ of habeas corpus in which he claimed that he was
constantly threatened by prison staff as well as a victim of psychological harassment on
their part; (c) on several occasions the victim announced to correctional staff that he
intended to take his life; (d) days before his death a delegation from the Prison Policy
Monitoring Committee noted his marked psychological deterioration, which was brought
to the attention of the appropriate authorities; and (e) two days before the victim
committed suicide, the administrative chief of the Health Division urgently requested the
prison director to eliminate the 21‐hours‐a‐day lockdown system in use in Unit 11.
318.
The Commission found that, aside from the omissions in the days and
weeks leading up to Ricardo Videla’s death, the prison authorities failed to keep him under
close watch, to make emergency calls to medical or psychological staff who might have
intervened in the situation, or to arrange adequate custodial measures. In other words, the
authorities in whose custody he found himself failed to make all necessary efforts to
356
IACHR, Report No. 172/10, Case 12.651, Merits, César Alberto Mendoza et al., Argentina, November
2, 2010, paras. 2, 95, 97, 102, 103, 104, 109, 262, 264, 265, 266, 267, 268 and 271.
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