130
practices were expressly authorized by the Secretary of Defense, such as: using strenuous
positions, isolation, sensory deprivation, forced shaving and nudity, deprivation of basic
hygienic accessories and exploitation of detainees’ fears (such as fear of dogs) to make it
stressful for them. 421 The aforementioned practices were in addition to other ones such as
beating, deprivation of food and water, sexual humiliation, exposure to strident music,
threats of firing squad, electric shocking, dousing with chemicals, and disproportionate use
of force in searches and for minor disciplinary offenses, among others. 422
364.
After examining the enormous amount of information that was
generated regarding patterns of torture for purposes of criminal investigation in the region,
the IACHR finds that the main causes for the persistence of this practice include:
(a)
The existence of inherited institutional practices and a culture of
violence firmly rooted in the security forces of the State. The institutionalized acceptance
that abuse��of detainees amounts to a valid procedure calls for a solid torture prevention
framework. 423 This framework must be taken seriously, and not merely as a mechanical
and superficial exercise to fulfill a requirement. Effective respect for human rights requires
a system in which all members are trained on the principles relating to democracy and
human rights. 424 This message of respect during training must be backed by the
determination and commitment to investigate complaints of torture and abuse, and to
prosecute and punish those responsible. This type of act requires official condemnation by
the authorities, who must send a consistent message that such behavior shall be
repudiated by all means of administrative, disciplinary and criminal proceeding. 425
Moreover, constant use of violence by prison staff is tantamount to institutional validation
or approval of such use, and this has a direct bearing on the high incidence of inmate‐to‐
inmate violence.
…continuation
head covered with a plastic bag. IACHR, Hearing on the Precautionary Measure 8/06 – Omar Ahmed Khdar, 124º
Ordinary Period of Sessions, Participants: the United States of America, International Human Rights Law Clinic of
the American University‐Washington College of Law, March 13, 2006.
421
United Nations, Joint Report of the Working Group on Arbitrary Detention; the Special Rapporteur
on the Independence of Judges and Lawyers; the Special Rapporteur on Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment; the Special Rapporteur on Freedom of Religion or Belief; and the Special
Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental
Health, E/CN.4/2006/120, adopted on February 27, 2006, paras. 49‐50.
422
See also, Physicians for Human Rights (PHR), Broken Laws, Broken Lives: medical evidence of torture
by US personnel and its impact, 2008, available at: https://s3.amazonaws.com/PHR_Reports/BrokenLaws_14.pdf.
423
See also, 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. 81‐83.
424
IACHR, Third Report on the Situation of Human Rights in Paraguay, Ch. IV, para. 36.
425
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VI, para. 20; United Nations,
CAT/OP/MEX/1, Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment to Mexico, May 27, 2009, para. 62.
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