82
238.
Furthermore, the IACHR observes that States have a duty to equip law
enforcement officials in prisons with various types of weapons and ammunition that would
allow for a differentiated use of force and firearms. This includes the provision of non‐
lethal weapons. Moreover, these officials and agents should be equipped with the self‐
defense equipment they need, 278 and, in short, with the tools and training needed to
comply with the objectives of appropriate use of non‐lethal force.
239.
At the same time, during his visit to Buenos Aires province, the
Rapporteur on the Rights of Persons Deprived of Liberty received information regarding the
disproportionate use of rubber bullets against detainees. According to the Committee
against Torture of the Provincial Truth Commission, rubber bullets were used by the
Buenos Aires Penitentiary Services on at least 1,487 occasions in 2008. 279 According to the
Committee against Torture:
Generally speaking, the rules in force and the teachings in prison training
manuals are not respected during the suppression of riots. Rubber bullets
should not be fired from a range of less than ten meters because they can
cause highly serious injuries or even death. Moreover, they should be
aimed to hit below the waistline. In most cases, however, the shots are at
close range and aimed at the face or chest. In other instances, aim is
taken at the lower part of the body, but with the detainees on the floor.
Numerous cases have been registered of people losing an eye or suffering
other irreparable harm. It is also common to find detainees with rubber
280
pellets lodged in their bodies for long periods of time.
Similarly, the IACHR has received information regarding the disproportionate use and
misuse of tear gas and irritant sprays in Panamanian prisons La Joya and La Joyita, the
nation’s largest. 281
240.
On this issue, the IACHR stresses that even non‐lethal or incapacitating
weapons such as rubber bullets or tasers must be used in accordance with the principles of
278
See in this regard, see Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials (Principle 2).
279
See, IACHR, Press Release 64/10 ‐ IACHR Rapporteurship Confirms Grave Detention Conditions in
Buenos Aires Province. Washington, D.C., June 21, 2010. This practice has also been reported by the Comité
Contra la Tortura de la Comisión Provincial por la Memoria, Annual Report 2009: El Sistema de la Crueldad IV [The
System of Cruelty IV], pp. 18‐71.
280
Comité Contra la Tortura de la Comisión Provincial por la Memoria, Annual Report 2010: El Sistema
de la Crueldad V [The System of Cruelty IV], pp. 54‐55.
281
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, pp. 98‐102
presented
in
the
said
hearing
available
at:
http://www2.ohchr.org/english/bodies/hrc/docs/ngos/HarvardClinicPanamaprisons.pdf.
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