174.The Subcommittee wishes to make some comments about the delegation’s impressions of the Santa María Ixcotel Prison in Oaxaca. At this facility, delegation members noted a clear example of self-rule. Living conditions for prisoners in the facility varied considerably, depending on whether they could afford to pay the fees exacted. The delegation was able to meet and interview the leaders in this prison. In the “privileged” area, conditions were extraordinarily comfortable. Prisoners’ families visited daily and the prisoners cooked together, worked and even ran businesses within the institution that enabled them to earn a living. The members of the delegation likened them to a “big family”. The delegation visited all cell blocks in this area, with the bosses of each cell block serving as guides and providing details on the quality of life in the prison. They explained that the bosses of each cell block are elected democratically by the prisoners themselves. They emphasized that everyone tries to maintain stability within the prison and that the prisoners respect one another and follow the inside rules. They also highlighted the positive, warm, family-like atmosphere that prevails in the prison and stressed the importance of maintaining it. Members of the delegation noted a large number of shops and small restaurants in the prison where the prices were higher than on the outside. 175.In this same section of the prison, the delegation conducted private interviews with inmates who revealed the other side of the situation: how the prison was ruled and what prisoners were obliged to do if they wanted to retain their place in a particular sleeping area or obtain any other privilege. Some prisoners described how they had to pay a sum of money periodically to the cell block bosses, and in many cases those payments made life very difficult for them. They reported that they were compelled to participate in certain activities, such as dances or contests, for which they had to pay, and they did not have the option of refusing. Prisoners who were unable to generate earnings in this system or were not receiving support from the outside had to work 10 to 12 hours a day, or sometimes even more, in order to earn 60 to 80 pesos. The delegation received many complaints about the quality of the food and the lack of hygiene supplies. It was abundantly clear to the delegation that in this facility, prisoners with greater power and privileges are able to improve their living conditions at the expense of weaker and poorer prisoners. 176.The delegation visited cell block No. 19 in the same prison and was deeply concerned by the poor living conditions of the inmates being held there. The delegation can only describe these conditions as inhumane and degrading. The cell blocks had no ventilation and all the areas where inmates were held were overcrowded. The delegation observed that, in case of fire, it would be difficult to evacuate these places, which poses a grave risk to the lives of everyone inside. These people were living in conditions of extreme overcrowding. They had no contact with the “privileged” area. The delegation members saw two different worlds within the same prison. Throughout the visit, members of the delegation noted the presence of the bosses of the privileged cell block, who attempted to be present during all the interviews conducted with inmates living in cell block No. 19. The members of the delegation were told confidentially that the prison authorities were aware that this situation of self-rule was occurring inside the prison and that many of the internal rules had been agreed between the inmate bosses and the prison authorities – to the benefit of both sides. The delegation also found that the prison staff was insufficient to be able to stop any conflict that might arise between inmates. Members of the delegation exchanged views with the inmate bosses controlling the situation inside the prison, who, when asked about the inequality of living conditions between the two areas, explained that in the “privileged” area the inmates followed the rules and respected the rights of the other inmates, which was very important, especially in order to maintain the family-like atmosphere in that area. The delegation noted with concern how prisoners in positions of power were able to improve their living conditions at the expense of the weaker and poorer prisoners. At this prison in Oaxaca, the work available to inmates was poorly paid, with some prisoners working 10 to 12 hours a day for a pittance. The Subcommittee has noted the State party’s response to the delegation’s preliminary observations about the prison, specifically with respect to cell block No. 19, and requests that the State party provide detailed information on the current situation of the prisoners who were being held there at the time of the delegation’s visit. Molino Flores Prison 177.Another prison in which the Subcommittee delegation observed the negative consequences of overcrowding was Molino Flores (also known as “Molinito”). This facility, with capacity for 780 inmates, had 1,054 at the time of the visit. The conditions under which many of the inmates were living in this prison were truly deplorable. The prison authorities showed themselves to be very open to dialogue with members of the delegation at all times and openly acknowledged that overcrowding is a reality that can often have fatal consequences. As an example, the members of the delegation interviewed an inmate who was in an isolation cell for reasons of security. This individual told the delegation that when he had been on the verge of completing his sentence, he had had a physical altercation with another inmate because the latter wanted to take his spot in the cell. The other inmate died as a result of the fight. Now this inmate, who had reached the end of his sentence, is facing homicide charges. This is one of many examples that reflect the dire consequences of overcrowding and the importance that persons deprived of their freedom attach to safeguarding their territory. Overcrowding not only constitutes inhuman and degrading treatment, it can also trigger violence. Unfortunately, the Subcommittee has not seen a plan by the State party for addressing this situation systematically; rather, it appears that it is being dealt with by means of stopgap measures owing to budget constraints. Prison overcrowding, and the violent conflicts that it spawns among persons deprived of their liberty, entails State responsibility, including international responsibility, for violations of the right of individuals to physical and mental integrity, even if such violations are committed by prisoners themselves or by another private individual. The delegation also noted during its visit to this prison how the lack of resources inhibited the effective human and family development of inmates. They had no material resources of any kind and most were not able to commence or continue their studies. The delegation members were impressed by one inmate’s extensive knowledge of the law and the current legal situation, including all the latest news with regard to legislation in Mexico. This person, whom the prison authorities themselves cited as an example, explained to the delegation that he was unable to continue his studies because the necessary material resources simply were not available. The Subcommittee wishes to express its concern about situations such as this, which hinder the human development of individuals and limit their options for earning a living after they are released from prison. Oriente Prison 178.Another of the prisons visited by the delegation was the Oriente Prison in Mexico City. On the day of the visit, the prison had 11,288 inmates, whereas its official capacity is 4,766 (i.e. almost 200 per cent overpopulation). At this prison, the principal problems that the delegation noted were extreme overcrowding and lack of personnel. One consequence of overpopulation was daily fights

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