136
373.
In essence, the State should make sure that security and discipline are
maintained by means of disciplinary procedures, which are clearly set forth in the law and
respective regulations; that is, within the framework of the rule of law. Consequently,
unofficial or arbitrary punishment cannot be permitted, nor can proper order at
penitentiary facilities be kept based on inmates living in permanent fear of prison
authorities or fear of other inmates, who have been “deputized” by prison staff to perform
duties of security maintenance and disciplining. In addition to being gross violations of the
human rights of the persons deprived of liberty, this type of abusive practice contributes to
a climate of resentment and hostility, which never fails to degenerate into fights, riots and
other acts of violence in prisons.
374.
In the end, disciplinary systems will be effective to the extent that they
are suitable for fulfilling their objectives by striking a balance between human dignity and
proper order; and by promoting an overall climate of respect in which inmates develop a
sense of responsibility toward complying with the rules. The fact that prison authorities
have effective disciplinary mechanisms in place is an essential tool to prevent said
authorities from resorting to torture and abuses.
375.
Additionally, prison staff should act professionally and discreetly in
applying disciplinary procedures. Staff should also have good social and inter‐personal skills
in order to handle tension between inmates and between inmates and authorities; 449 and
perform their duties under a system of monitoring, oversight and accountability, in light of
the huge power that they wield over the inmates.
376.
With respect to the disciplinary system, the Principles and Best Practices
provide: 450
Disciplinary sanctions, and the disciplinary procedures adopted in places
of deprivation of liberty shall be subject to judicial review and be
previously established by law, and shall not contravene the norms of
international human rights law.
The imposition of disciplinary sanctions or measures and the supervision
of their execution shall be the responsibility of the competent authorities
who shall act in every circumstance in accordance with the principles of
due process of law, respecting the human rights and basic guarantees of
persons deprived of liberty as enshrined in international human rights
law.
…continuation
Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report
submitted pursuant to Commission on Human Rights resolution 2000/43, Addendum, Visit by the Special
Rapporteur to Brazil, E/CN.4/2001/66/Add.2, adopted on March 30, 2001, para. 127.
449
See also, Penal Reform International (PRI), Manual de Buena Práctica Penitenciaria: Implementación
de las Reglas Mínimas de Naciones Unidas para el Tratamiento de los Reclusos, 2002, pp. 37‐38.
450
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
Americas, (Principles XII .1 y XII.2).
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