151
428.
The use of force and of coercive methods during searches can only be
justified to the extent that the inmates themselves exhibit violent conduct or otherwise
attack or attempt to assault authorities. On the other hand, if the inmates are not in a
position to use force against the security agents or against third parties, and are reduced to
a situation of defenselessness, the proportionality test is no longer applicable, 508 and
therefore, any manifestation of violence by the authorities is characterized, as the case
may be, as torture or cruel, inhuman and degrading treatment. In the final analysis, the
institutionalized practice of displaying deliberate and excessive violence and force when
conducting searches is unnecessary and amounts to a violation of inmates’ right to humane
treatment.
429.
The IACHR views as a best practice that prison authorities allow the
presence of representatives of other national human rights institutions during searches,
provided that there are no clear security reasons rendering such a presence it ill‐advised.
An example of such a best practice took place during a visit to Uruguay in July of 2011 of
the Rapporteur on the Rights of Persons Deprived of Liberty, who was informed that
Parliamentary Commissioner for the Prison System and his team had implemented the
practice of being present during searches at prison facilities. The monitoring and
independent oversight of these procedures helps to prevent torture, cruel, inhuman and
degrading treatment, and other arbitrary acts at prisons.
E.
Conditions of imprisonment
430.
As was discussed in previous sections of this report, all persons deprived
of liberty are entitled to be treated humanely, with unlimited respect for the dignity that is
inherent to them and for their rights and fundamental guarantees. This means that the
State, by way of guarantor of the rights of persons under its custody, not only has the
special duty to respect and ensure their lives and personal integrity, but also must ensure
that they are afforded minimum conditions compatible with their dignity. 509 Such
conditions must not add further affliction to the nature of the deprivation of liberty, which
is already punitive as it is. Treating all persons deprived of their liberty with humanity and
with respect for their dignity is a fundamental and universal rule, which must be applied
without distinction of any kind, and cannot be dependent on the material resources
available in the State. 510
508
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. 38.
509
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas,
(Principle I).
510
United Nations, Human Rights Committee, General Comment No. 21: Humane treatment of persons
th
deprived of liberty, adopted at the 44 session (1992), para. 4. In: Compilation of General Comments and General
Recommendations adopted by human rights treaty bodies, Volume I, HRI/GEN/1/Rev.9 (Vol. I) adopted May 27,
2008, p. 242.
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