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fees for access to services, protection, etc…” 102 In its Report on the Situation of Human
Rights in Mexico, the IACHR noted:
Corruption, inadequate resources and lack of planning have led to
frequent situations in which groups of prisoners unlawfully take over
management and command functions in what is known as self‐
government by prisoners. Such situations are inconsistent with the
principle of due authority and with the conditions of equality among
prisoners that should exist, giving rise to numerous abuses.
These power groups are made up of persons (inmates) who have the
economic means or the support of certain officials and who recruit other
prisoners. Since the latter are unable to find well‐paid work within the
prison institution, they prefer to work for another prisoner, even though
the activity might be illegal (e.g. selling drugs, prostitution, etc.) 103
83.
The mechanisms of protection under the United Nations have also
encountered such situations in countries of the region. Thus, for example, the
Subcommittee for the Prevention of Torture, after a 2008 mission to Mexico, referred at
length to the regimes of “self‐government” or “shared government” in several prisons in
Mexico, and so reported in a manner consistent with was what found by the IACHR one
decade earlier. The Subcommittee for the Prevention of Torture was able to verify, during
its visits to prisons, that these practices were called “internal customs” or “leadership,” and
represent a serious risk factor for many persons deprived of liberty who may be subjected,
by the “leaders” of each dormitory or wing, to punishment, disciplinary sanctions, and
other humiliating acts. In addition, they indicate that in many of these prisons all types of
commercial transactions take place, including payment for certain preferential spaces or
dormitories and a whole system of privileges that not all persons deprived of liberty can
104
benefit from.
84.
The following passage from the above‐mentioned report of the
Subcommittee for the Prevention of Torture refers to what was observed at the prison
known as Centro Penitenciario Santa María Ixcotel in Oaxaca, and is particularly illustrative
of the nature of the problems raised here:
Living conditions for prisoners in the facility varied considerably,
depending on whether they could afford to pay the fees exacted […] In
the “privileged” area, conditions were extraordinarily comfortable.
102
IACHR, Third Report on the Human Rights Situation in Colombia, OEA/Ser.L/V/II.102. Doc. 9 rev. 1,
adopted on February 26, 1999. (hereinafter “Third Report on the Human Rights Situation in Colombia”), Ch. XIV,
para. 7.
103
IACHR, Report on the Situation of Human Rights in Mexico, OEA/Ser.L/V/II.100. Doc. 7 rev. 1,
adopted on September 24, 1998. (hereinafter “Report on the Human Rights Situation in Mexico”),Ch. III,
paras. 262‐263.
104
United Nations, Subcommittee for the Prevention of Torture, Report on the visit of the SPT to
Mexico, CAT/OP/MEX/R.1, adopted on May 27, 2009, para. 167.
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