135
carry out any further investigation into the case suggested by that
analysis; and check any admission or confession made by the suspect
against available evidence. […] 444
Prohibition of the use of torture and cruel, inhuman or degrading treatment or punishment
applies, above all, to interrogations conducted by public officials, whether working for the
police forces, the military or the intelligence services. 445
370.
Resorting to torture and cruel, inhuman and degrading treatment as a
method of investigating crimes, in addition to concretely constituting a violation of
individuals’ right to humane treatment and to a fair trial, is in the final analysis an assault
on the rule of law itself and the very essence of any democratic society in which, by
definition, the rights of all persons must be respected.
C.
Disciplinary measures in prisons
1.
Fundamental aspects 446
371.
The disciplinary rules or system is one of the mechanisms available to the
State administration to ensure proper order at penitentiaries and detention centers, and
such a system should take into account the imperatives of efficiency, security and
discipline, while being respectful of the human dignity of the persons who are deprived of
liberty.
372.
Prison authorities should make sure disciplinary procedures are used on
an exceptional basis, and only resort to them when other means prove to be inadequate to
maintain proper order. 447 Only behavior that constitutes a threat to the order and safety
should be defined as offenses warranting disciplinary action. Furthermore, both the
offenses warranting disciplinary action, as well as the procedures for application of
punishments, must be provided for in the law. Said punishment should always be
proportional to the offense for which it was established; otherwise, it would be
tantamount to improperly making the nature of the deprivation of liberty harsher. 448
444
United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment, Third Report to the [former] Commission on Human Rights, E/CN.4/2004/56, adopted on December
23, 2003, para. 35.
445
United Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Report submitted to the (former) Commission on Human Rights, E/CN.4/2006/6, adopted on
December 23, 2005, para. 41.
446
The subject of disciplinary sanctions in the case of children and adolescents deprived of liberty is
fully developed by the IACHR at: IACHR, Juvenile Justice and Human Rights in the Americas, paras. 547‐570.
447
On this matter, the European Prison Rules Establish that, “[w]henever possible, prison authorities
shall use mechanisms of restoration and mediation to resolve disputes with and among prisoners (Rule 56.2).” See
also, Penal Reform International (PRI), Manual de Buena Práctica Penitenciaria: Implementación de las Reglas
Mínimas de Naciones Unidas para el Tratamiento de los Reclusos, 2002, p 47.
448
For example, the Special Rapporteur on Torture UN observed during his visit to Brazil that in many
cases the prisoners had been cut off from communication as punishment for minor infractions such as possession
of a mobile phone or injuring a guard prison, or because they had been threatened by other inmates. United
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