140
use of solitary confinement in subhuman conditions. 465 His observations were consistent
with prior reports, during a thematic hearing on acts of torture in Chile, held in 2003, when
the petitioners contended that inmates were frequently subjected to beatings, solitary
confinement in unlit and unventilated cells, no visitation rights, and being hosed down with
cold water particularly in the context of jailbreaks and riots. The petitioners also claimed
that inmates often are forced into a state of uncertainty regarding the reasons why and the
circumstances in which disciplinary sanctions are applied; and that no oversight mechanism
is in place nor is any opportunity for them to file complaints. Consequently, these incidents
466
usually remain in impunity.
390.
Moreover, on a visit to Honduras, the SPT learned that as a result of a
jailbreak at the San Pedro Sula Prison on July 17, 2009, all of the members of the “Mara 18”
gang were punished by taking away their visitation rights, restricting their access to water
and electricity, and not allowing them to use air conditioners or the outside yard in their
cell block. 467
391.
Another widespread form of punishment violating the right to humane
treatment is a practice known as “welcome” calls for new inmates. On this topic, in the
context of its Special Report on the Challapalca Jail, the IACHR received complaints
regarding the practice of subjecting incoming inmates to beatings with rods and electric
prods, after forcing them to strip and bathe in cold water, in order to make them feel their
duty of submission to prison discipline. 468 Likewise, in the context of his working visit to El
Salvador in 2010, the Rapporteur on the Rights of Persons Deprived of Liberty received
reports as well that this type of “welcoming protocol” had allegedly taken place at the
maximum‐security prison of Zacatecoluca. 469
392.
During a mission to Paraguay, the UN Rapporteur on Torture called
“particularly disturbing” the standard practice —even at the women’s prison—of locking up
inmates in punishment cells as a form of “welcome” upon their arrival in the prison center,
without having ever broken any disciplinary rule. 470
465
IACHR, Press Release 39/08 ‐ Rapporteurship on the Rights of Persons Deprived of Liberty concludes
visit to Chile. Santiago, Chile, August 28, 2008.
466
IACHR, Public hearing: Information on Alleged Acts of Torture in Chile, 117º Ordinary Period of
Sessions, requested by: Center for Justice and International Law (CEJIL), March 24, 2003.
467
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.
468
IACHR, Special Report in the Human Rights Situation at the Challapalca Prison, para. 80.
469
Informe Especial de la Procuraduría para la Defensa de los Derechos Humanos de El Salvador
submitted to the UN Committee against Torture on October 2009, para. 202, available at:
http://www2.ohchr.org/english/bodies/cat/docs/ngos/PPDH_ElSalvador_43.doc.
470
United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, Report on the mission to Paraguay, A/HRC/7/3/Add.3, adopted on October 1, 2007. Ch. IV:
Conditions of detention, para. 74.
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