64
183.
Corruption in prisons comes in many guises, depending on the specific
context, and may involve authorities at different levels. It may have to do, for instance,
with transfers to particular prisons or to more comfortable sections of the same prison;
with the sale of certificates of good behavior, psychologists’ reports, or certification of
participation in labor or study activities; with the sale of places to take part in such
activities; with the marketing of food earmarked for inmates; with the sale of permits for
conjugal visits; and with the collection of small quotas from prisoners for such common
services as phone calls or access to health care among the many manifestations of
corruption.
184.
These patterns of corruption and illegality are much more blatant and
systematic in prisons under “self‐government” or “shared government” regimes (described
in Chapter II.B of this Report), in which inmates have to pay for access to almost
everything, including the right not to be assaulted. In such a setting, it is particularly
worrisome to find the authorities themselves participating –by deed or omission– in
criminal acts committed by the inmates themselves acting from inside prisons, as in the
case of real or virtual extortions and kidnappings, in addition to the trafficking of arms,
drugs, and other illicit items inside the detention centers and prisons.
185.
In some prisons there is even a deep‐seated, routine and daily “culture of
corruption,” which is regarded by both inmates and officers as “normal.” This
institutionalized corruption may be manifested in such basic ways as leasing cells according
to size and comfort criteria, or charging inmates for access to public phones and patios or
for more comfortable arrangements and privacy for family visits. There are even charges
for access to clinics and pharmacies; for conducting administrative or legal formalities; and
for protection from assault.
186.
Corruption exacerbates real inequalities among inmates, adding to the
vulnerability of the weakest and triggering imbalances in the distribution of the scant
resources available in prisons.
187.
Therefore, the IACHR sees a close tie between fighting corruption and
advancing respect and guarantees for human rights. The United Nations Convention
against Corruption –which entered into force on December 14, 2005 and which has been
ratified by 27 OAS member States 218 – declares in its preamble, inter alia, that “the
seriousness of problems and threats posed by corruption to the stability and security of
societies, undermining the institutions and values of democracy, ethical values and justice
and jeopardizing sustainable development and the rule of law.” 219
188.
Corruption in the region’s prisons has been amply documented, by both
the Inter‐American Commission on Human Rights and United Nations bodies with a
218
These are: Antigua and Barbuda, Argentina, Bahamas, Bolivia, Brazil, Canada, Chile, Colombia, Costa
Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico,
Nicaragua, Panama, Paraguay, Peru, Trinidad and Tobago, the United States of America, Uruguay and Venezuela.
219
United Nations Convention against Corruption, adopted by the General Assembly by its resolution
58/04 of October 31, 2003, and entered into force on December 14, 2005.
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