67
192.
In this regard, in a hearing held in March 2008, the IACHR was informed
that in Panama’s main prisons inmates had to pay to get permission to work or study. 226
Likewise, when the Rapporteur on the Rights of Persons Deprived of Liberty visited Buenos
Aires province, the IACHR urged the provincial government to “establish objective criteria
to ensure a transparent, fair way of allowing participation in such programs,” referring to
access to workshops, education, and other resocialization programs.” 227 In this context,
another factor conducive to lack of transparency and to irregularities in determining who
has access to these programs is precisely the shortage of programs compared to the large
number of inmates.
193.
At the same time, States need to guarantee that penitentiaries are ran
and guarded by qualified, civilian staff, with civil servant status. That is to say, those
functions must be entrusted to an independent security body independent of the military
and police forces, and educated and trained in penitentiary issues. Those professionals
must have been trained in programs, schools, or penitentiary academies established
specifically for that purpose and pertaining to the institutional structure of the authority
responsible for administering the penitentiary system.
194.
In this respect, one of the questions in the questionaire, written with the
motive of writing this report was to inquire about the entity in charge of maintining
security in the penetentiary centers and, in situations where it was more than one body,
indicate the funtions of each and how they interacted. The States responded with the
following information:
Argentina
Bahamas
Bolivia
Brazil
In the federal prisons, the Servicio Penitenciario Federal is in charge of
maintaining the security; in the province of Buenos Aires, the security of
prisons is in charge of the Servicio Penitenciario Bonaerense.
Her Majesty’s Prison Officers
In conformity with Law No. 2298, the National Police is in charge of both,
internal and external security of prisons at the national and local level.
Public civil servants (penitentiary agents), selected by an open competition. In
some cases, members of the Military Police can act as external guards for
penitentiary centers and in critical conditions, such as a rebellion can enter to
support the containment of the crisis and can help transfer inmates. In the
commissaries or delegations of police, and in centers of deprivation of liberty,
the security can also be run by civil police.
226
IACHR, Public hearing: Human Rights Violations in Prisons in Panama, 131º Ordinary Period of
Sessions, requested by: State of Panama, Comisión de Justicia y Paz de la Conferencia Episcopal de Panmá, Centro
de Iniciativas Democráticas (CIDEM), Harvard University. March 7, 2008. In this regard, see the report: Del Portón
para Acá se Acaban los Derechos Humanos: Injusticia y desigualdad en las cárceles panameñas, presented in the
said hearing available at: http://www2.ohchr.org/english/bodies/hrc/docs/ngos/HarvardClinicPanamaprisons.pdf.
In the same sense, the Justice and Peace Commission in its response to this report, indicated that one of the major
challenges facing the penitentiary management in Panama is precisely the failure to investigate corruption in
prisons. Response received by e‐mail on May 20, 2010.
227
IACHR, Press Release 64/10 ‐ IACHR Rapporteurship Confirms Grave Detention Conditions in Buenos
Aires Province. Washington, D.C., June 21, 2010.
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