71
200.
Thus, the Inter‐American Convention to Prevent and Punish Torture
establishes that the States Parties “shall take measures so that, in the training of police
officers and other public officials responsible for the custody of persons temporarily or
definitively deprived of their freedom, special emphasis shall be put on the prohibition of
the use of torture in interrogation, detention, or arrest.” (Article 7) 238
201.
In the case of Antonio Ferreira Braga, the IACHR established a violation of
Article 7 of the Inter‐American Convention to Prevent and Punish Torture when it reached
the conclusion that the State agents who tortured the victim did not have the proper
training required by that Convention. 239
202.
Generally speaking, torture, cruel, inhuman and degrading treatment can
take place when a person is deprived of his or her liberty and in the custody of the State,
which is why it is necessary to prevent such acts, to ensure that public officials who have
contact with potential victims of torture at all stages in the custody chain have proper
training in and awareness of human rights, due process and legal safeguards. 240 It is also
important to clearly point out the legal consequences of acts of torture so that law
enforcement officers are fully aware of them.
203.
Furthermore, the Inter‐American Convention on Forced Disappearance of
Persons establishes the obligation for States Parties to “ensure that the training of public
law‐enforcement personnel or officials includes the necessary education on the offense of
forced disappearance of persons.” (Article VII). This provision applies also to the training of
police and penitentiary personnel, especially because one of the risks incurred by an
illegally detained person is precisely that he or she may become a victim of forced
disappearance. Even without that hypothesis, it is necessary that penitentiary personnel be
trained to prevent possible forced disappearances. Hence the need to keep adequate
records in detention centers and to exercise effective control of order and internal security.
204.
For its part, the Convention of Belém Do Pará also provides – as a
measure for preventing, punishing and eradicating violence against women – for the
gradual adoption by States Parties of specific measures, including programs to foster
education and training for justice administration, police, and other personnel charged with
enforcing the law (Article 8.c). This includes personnel responsible for the detention
centers holding women and girls.
205.
Another vital aspect is the training, independence, and suitability of
management‐level staff. The directors of penitentiaries must be suitably qualified for the
238
In the same vein, the United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Article 10) and the United Nations Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(Article 5).
239
IACHR, Report No. 35/08, Case 12.019, Merits, Antonio Ferreira Braga, Brazil, July 18. 2008,
paras.121‐122.
240
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, paras. 93‐95.
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