66
prison guards who demand sexual services from female prisoners in
exchange for food, hygiene products or other goods. 222
In its 2006 Report on its mission to Honduras, the Working Group on Arbitrary Detention
also discovered “that in the detention centers detainees have to make payments to the
prison police in order to exercise their most basic rights [...] for instance in order to see the
judge, to be handed the judgment in their case, to file an appeal.” 223
189.
These instances, and others cited in this report, not only reveal a
generalized and institutionally embedded pattern of corruption throughout the region that
completely contravenes the function of a penitentiary. They also testify to a lack of
effective State control over prisons that, as we saw above, poses a real threat to the
fundamental rights of detainees.
190.
There are also instances in which acts of corruption prevent the
implementation of measures adopted by States themselves to address specific situations.
For example, in his visit to El Salvador, the Rapporteur on the Rights of Persons Deprived of
Liberty was told of cases in which the authorities had ascertained that prison personnel had
deactivated mechanisms for preventing phone calls that had been installed to prevent gang
members from organizing and directing criminal acts from inside prisons. 224 The same thing
happens with security arrangements to prevent the smuggling of arms or drugs into
detention centers, when, in fact, it is the security officers themselves who tolerate or
participate in the smuggling. 225
191.
Corruption in penitentiaries always thwarts fulfillment of the essential
purposes of prison sentences, especially when it impairs those mechanisms designed to
promote rehabilitation and the reintegration into society of persons deprived of their
liberty.
222
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. 68.
223
United Nations, Working Group on Arbitrary Detentions, Report on mission to Honduras,
A/HRC/4/40/Add.4, adopted on December 1, 2006, para. 85.
224
See in this regard, Nunca imaginé a profesores o personal de clínica involucrado: Director de Centros
Penales, an article issued by El Faro, available at: http://elfaro.net/es/201005/noticias/1747.
225
In this respect, during the proceedings of the four accumulated provisional measures regarding
Venezuelan prisons, the petitioners argued that, “the main cause of the extreme violence existing in the
Venezuelan prisons, is the entry of firearms […] [coming from what they called] prison mafia, composed of officers
of the National Guard as well as of the Ministry of the Interior and Justice, who have the capacity to trade and
traffic […] weapons [with] the inmates that are inside the prisons”. I/A Court H.R., Provisional Measures in the
matters of the Monagas Judicial Confinement Center (“La Pica”), Yare I and Yare II Capital Region Penitentiary
Center (Yare Prison); the Penitentiary Center of the Central Occidental Region (Uribana Prison); and the Capital El
Rodeo I & El Rodeo II Judicial Confinement Center, Venezuela, Order of the Inter‐American Court of November 24,
2009, Whereas 12 (c).
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