61
others at risk? (d) Is their mental state causing them to be a threat or are they likely to be
violent? 211
170.
Furthermore, it is important to stress that the health professionals
carrying out these examinations must be allowed to perform their functions independently
and impartially. In order for a medical inspection of a detained person to constitute a
genuine safeguard for fundamental rights, it is essential that health personnel be free from
any interference, pressure, intimidation or orders from police or prison officers and even
from personnel involved in the judicial proceedings or the attorney general’s office. For
that independence to be real, it is vital that health professionals not be subordinate in rank
to those authorities and that they enjoy institutional autonomy.
E.
Prison personnel: suitability, training, and working conditions 212
171.
Principle XX of the Principles and Best Practices is based on the view that
“[t]he personnel responsible for the direction, custody, care, transfer, discipline and
surveillance of persons deprived of liberty shall at all times and under any circumstances
respect the human rights of persons deprived of liberty and of their families.”
172.
At the same time, effective implementation of any correctional policy
definitely depends on the officials directly in charge of administering detention facilities (be
they from penitentiary, administrative, or police establishments); on the multidisciplinary
teams performing treatment functions; and on the judicial authorities.
173.
After considering the importance of the personnel, one of the most
recurrent problems identified by the Inter‐American Commission on Human Rights over the
years has been precisely the existence of a number of shortcomings of the personnel
running the centers of deprivation of liberty.
Suitability
174.
With regard to the suitability and the minimum qualifications that should
be met by personnel in detention centers, Principle XX of the Principles and Best Practices
establishes that
The personnel shall be carefully selected, taking into account their ethical and
moral integrity, sensitivity to cultural diversity and to gender issues, professional
capacity, personal suitability for the work, and sense of responsibility.
The personnel shall comprise suitable employees and officers, of both sexes,
preferably with civil service and civilian status […].
211
World Health Organization (WHO), Health in Prisons: a WHO guide to the essentials in prison health,
2007, pp. 24‐25.
212
In the Americas, the texts of the Constitutions of Ecuador (Article 202), Guatemala (Article 19.b) and
Venezuela (Article 272) make specific reference to the quality of prison staff.
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