6
18.
In this context, most deaths are caused by acts of violence between
inmates. According to official data collected as part of this report, the number of violent
deaths in prisons in some States, in addition to the aforementioned case of Venezuela, was
as follows: Chile 203 (2005‐2009); Ecuador 172 (2005‐June 2010); and Colombia 113 (2005‐
2009). In this chapter, it is emphasized that in all of these cases, the State, as guarantor of
the rights of persons in its custody, has a duty to investigate through its own due diligence
the death of all persons who died while under its custody, even in those cases in which
they initially appear as suicides or deaths by natural causes.
19.
Chapter IV on the Right to personal integrity, highlights that the current
widespread and common cause for the use of torture is for criminal investigative purposes,
a situation that has been widely documented, both by the Commission, as other
international monitoring mechanisms, in countries like Mexico, Paraguay, Ecuador, Brazil
and very specifically in the Guantanamo naval base in the territory of the United States,
among others. This section discusses the main causes of this phenomenon: the existence of
inherited institutional practices and a culture of violence firmly rooted in the State’s
security forces; the impunity with which these events are held; the lack of training,
equipment and resources necessary for the security forces responsible for investigating
crimes to have the right tools to perform their functions; policies of “tough” or “0
tolerance”; and the granting of probative value to evidence obtained under torture. In this
regard, the Commission promotes the adoption of concrete measures to prevent torture,
effective judicial control of detention, diligent and effective investigation of these acts, and
the need for State authorities send a clear, determined and energetic message of
repudiation of torture and cruel, inhuman and degrading treatment.
20.
Also, this chapter presents the main international standards that should
govern the exercise of disciplinary functions in the prisons, with the emphasis on the duty
to establish legal and regulatory rules to clearly define what behaviors are likely to be
punished and what are the possible penalties, in addition to providing for a process, though
simple, that secures certain minimum safeguards to protect the individual against the
arbitrary exercise of disciplinary powers. In this sense, the existence of flexible and
effective disciplinary systems that effectively serve to maintain internal order in the prisons
is essential for its proper functioning.
21.
The right to humane treatment of prisoners may also be violated by the
severe conditions of confinement in which they are kept. In this sense, overcrowding
generates a series of conditions that are contrary to the very purpose of imprisonment as a
penalty. Overcrowding increases the friction and outbreaks of violence between inmates,
fosters the spread of disease, hinders access to basic services and health services of the
prisons, increases the risk factor for the occurrence of fires and other disasters, and
prevents access to rehabilitation programs, among other serious effects. This problem,
common to all countries of the region, is in turn the result of other serious structural
deficiencies such as excessive use of pretrial detention, the use of incarceration as a unique
response to the needs of public safety, and the lack of adequate facilities to house inmates.
22.
Chapter V on Health Care, establishes that the State's duty to provide
health services to persons in their custody is an obligation which derives directly from its
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