18
77.
There is a great distance between the classical, dark prisons with individual cells
and the promiscuous, noisy ones, but they are both devastating for the inmate. He is
destroyed both by incarceration in cells, condemned by Silvio Pellico, and by the
undesirable promiscuity described by Dostoyevsky. Mateo Alemán, in his “Guzmán de
Alfarache”, had already described the noisy, crowded prison in Seville: “ a jumbled
republic, a brief hell, a protracted death, a bridge of sighs, a vale of tears, a madhouse
where each one screams out and treats madness as his own.” At the Penitenciaría del
Litoral -which is not an unheard of abyss in the landscape of prisons- there was an area,
one hundred and twenty square meters, called the “quarantine,” where there were
“three hundred inmates sleeping on the ground,” according to the statement of an
expert witness. In the case we are discussing here, this promiscuous prison, without the
slightest classification –disregarding constitutional provisions and international
standards-, exercised its demolishing power.
78.
The statement of the victim is an eloquent one and it is not contradicted by other
information in the proceeding before the Inter-American Court. The respondent’s plea
addressed various aspects of the case, but not the prison conditions at the so-called
Penitenciaría del Litoral. “One night (there) –stated the detainee- is like hell. A normal
human being cannot bear it. Those who had no cells spent the time in the aisles,
climbing the walls, moving from one cell-block to another and trying to steal through the
cell bars. They also went into the cell-blocks to smoke crack. One could buy anything in
this prison, there were drug deals, cocaine, alcohol and weapons. People went around
armed.” One is surprised and filled with admiration that the spouse of the accused,
together with their young daughter, could bear to remain with him over the weekends at
the Penitenciaría del Litoral. She visited him seventy-four times, and these must have
been an equal number of anguishing episodes.
79.
This case and many others have been documented, throughout the
contemporary world, by literature and films that reflect the worst aspects of this “black
genre.”
A chronicle with the suggestive title Midnight Express en Equateur was
mentioned in the trial that led to the September 7, 2004 judgment. Part of what
happened there has to do with principle 1 –a very well numbered principle that governs
the rest- of the body of principles that I mentioned above, and which reads: “All persons
under any form of detention or imprisonment shall be treated in a humane manner and
in regards for the inherent dignity of the human person.”
80.
Precautionary and penal deprivation of liberty affect multiple rights of the
inmates, and even the rights of third parties not involved in the crime, linked to the
inmate by love or dependence. This is inevitable, as long as there are prisons. But it
would be necessary to review penitentiary doctrine and provisions, and to ensure that
the negative effects in both situations are minimal insofar as possible. However, in
many cases the conditions under which incarceration is ordered and practiced are far
from fostering this “minimization” of the negative effects, which would be a natural and
reasonable consequence of restricted use of the penal system. Excessive severity and
unwarranted restrictions may improve the lot of those in charge of the investigation or
custody of the accused. This opens the panorama of corruption in the prosecution of
crimes.
There are jails where everything has a price –exactly like in Howard’s
chronologically remote time, actually very near- and the inmate must find ways to
survive.
81.
Having seen the prisons through the Case of Tibi, which is only one observatory
among thousands, not an exceptional, uncommon case, we must inquire about the
“reasons” –allow me this expression- for prison, which is a complete confinement, under
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