81
235.
Furthermore, in connection with the provisional measures of the Socio‐
Educational Internment Facility (UNIS) case, the Commission advised the Court that one of
the reasons why there were constant complaints of assaults by the security forces on the
children and adolescents deprived of liberty in that center was precisely the lack of internal
controls and failure to adopt measures to prevent the frequent occurrence of disorderly
conduct, escapes, and riots. In other words, there was a causal link between the – often
disproportional – use of force by the State and its own inability to maintain internal order
273
and prevent outbreaks of violence and disturbances.
236.
At the same time, in a thematic hearing in 2006 on the situation of
persons deprived of their liberty in Honduras, the IACHR received information that in
recent years several people had died in prisons during attempts to flee, given that the usual
procedure among police guarding the prisons was to open fire. 274 In that regard, in its
recent report on Honduras, the Subcommittee on Prevention of Torture referred to the
existence of the so‐called “dead zone” at the Marco Aurelio Soto prison in Tegucigalpa,
which consists of a part of the perimeter area in which guards are under order to shoot at
any inmate found there. 275
237.
Regarding such situations, the IACHR considers that law enforcement
officers in penitentiaries may only use lethal force when strictly necessary to protect a life.
In cases of flight or escape of persons deprived of their liberty, the State must employ all
non‐lethal means at its disposal to recapture the offenders and may only use lethal force in
cases of imminent danger in which prisoners attempting to escape react against prison
guards or third parties with violent means that threaten their lives. 276 Therefore, there is
no ethical or legal justification for a so‐called “escape law” legitimizing or empowering
prison guards to automatically fire on prisoners attempting to escape. 277
273
I/A Court H.R., Provisional Measures in the matter of the Unidad de Internación Socioeducativa,
Brasil, Order of the Inter‐American Court of Human Rights, February 25, 2011, Having seen: 14 (c) and 15 (f).
274
IACHR, Public hearing: Situation of the Persons Deprived of Liberty in Honduras, 124° Ordinary
Period of Sessions, requested by: State of Honduras, Center for Justice and International Law (CEJIL), Comité para
la Defensa de los Derechos Humanos en Honduras (CODEH), Comité de Familiares de Detenidos y Desaparecidos
de Honduras (COFADEH) and Centro para la Prevención, Tratamiento y Rehabilitación de las Víctimas de Tortura
(CPTRT). March 7, 2006. In this regard, see the report: Situación del Sistema Penitenciario en Honduras, drafted by
CPTRT
and
COFADEH,
p.
14,
presented
in
the
said
hearing
available
at:
http://www.cptrt.org/pdf/informesistemapenitenciarioCIDH.pdf.
275
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. 198‐200.
276
See in this regard, Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
(Principles 4, 9 and 16).
277
For example, during the work visit of the Rapporteur of Persons Deprived of Liberty, as well as in its
follow‐up, the Ecumenical Human Rights Commission (CEDHU, according to its Spanish acronym) provided
information that reported that the country still practices the “Escape Law” (ley de fuga). In this regard, it is noted
as an example the case of an inmate of 25 years of age who received three shots while trying to escape from the
Babahoyo prison along with two other inmates who were recaptured in September 2010; it also mentions the
case of another inmate that died after an escape attempt recorded in August 2011 at the Social Rehabilitation
Center of Santo Domingo.
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