137
377.
IACHR also considers that the law must determine: 451 (a) the acts and
omissions of persons deprived of liberty that constitute disciplinary offenses; (b) the
procedures to follow in such cases; 452 (c) the specific disciplinary sanctions that may be
applied and the duration of the same; (d) the competent authority to impose them; and (e)
the proceedings to challenge said sanctions and the competent authority to decide the
challenges.
378.
It is essential that, within the framework of due process that must be
followed in these types of disciplinary proceedings, the inmate is afforded the opportunity
to be heard by the authorities and to introduce any evidence that he/she deems relevant
prior to the decision to sanction him/her. 453 During this stage, it is important for authorities
to act with diligence in determining whether that person is being subjected to any type of
duress or intimidation and, when necessary, protection measures should be granted to
him.
379.
Additionally, in keeping with the principle of non bis in idem, no person
deprived of liberty may receive disciplinary punishment twice for the same act. 454 In cases
where the act committed by the inmate constitutes a criminal offense, this does not
preclude the appropriate criminal sanctions from being given to him as well.
380.
It is a particularly relevant situation when gaps exist in the regulatory
framework with regard to disciplinary proceedings, as this gives rise to actual scenarios in
which inmates are exposed to different forms of abuse and arbitrariness by prison staff and
other inmates. 455 Additionally, it is absolutely necessary that these rules become more
widely known by both the prison staff and the inmates, and that the authorities distribute
and make printed copies available.
381.
Additionally, the authorities at centers of deprivation of liberty must keep
standardized records of the disciplinary measures they take, which include the identity of
the offender, the punishment given, the duration of the sanction and the authority that
ordered it. 456 Moreover, the rules, sanctions and proceedings of the disciplinary regime
451
On this matter, the IACHR takes as a reference: the Standard Minimum Rules for the Treatment of
Prisoners (Rule 29); the Body of Principles for the Protection of all Persons under Any Form of Detention or
Imprisonment (Principle 30.1); and the European Prison Rules (Rule 57.2).
452
Regarding this procedures it must be taken into account the Principle V of the IACHR, Principles and
Best Practices on the Protection of Persons Deprived of Liberty in the Americas.
453
Standard Minimum Rules for the Treatment of Prisoners (Rules 30.2 and 30.3), and the Body of
Principles for the Protection of all Persons under Any Form of Detention or Imprisonment (Principle 30.2; see also,
European Prison Rules (Rule 59).
454
Standard Minimum Rules for the Treatment of Prisoners (Regla 30.1); see also, European Prison
Rules (Rule 63).
455
See in this regard, United Nations, CAT/OP/HND/1, Report on the visit of the Subcommittee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Honduras, February 10,
2010, paras. 236‐241.
456
United Nations, CAT/OP/HND/1, Report on the visit of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment to Honduras, February 10, 2010, para. 204; and
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