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the particularly egregious nature of the violations given the circumstances under
which they occurred, the manner in which they were committed, the characteristics
of the victims and other data that might reasonably qualify them as victims. This
concept can also be analyzed as a function of the special relationship that exists
between the public authority and the individual, as happens in the instant case.
Regrettably, the situation I have described here is not found in prisons alone. This is
far from being an exceptional case. This state of affairs, found in many different
places and in many different countries, has been discussed at length, deplored and
censured but never corrected. The norms and rhetoric about prisons routinely
clashes with the reality of prisons. There is an enormous job that remains to be
done, which is to reclaim human rights in these institutions, virtually everywhere.
Such deplorable conditions are not only inimical to fundamental rights, but also
throw the criminal justice system as a whole into a crisis, since one of that system’s
most dramatic statements -but certainly not the only one- is to deprive someone of
his liberty.
Deprivation of liberty places the person at the mercy of the
circumstances -that in some cases could best be described as chaos- unless the
State intervenes to prevent it and to organize prison life. Prison rhetoric and prison
laws collide with the brutal facts about many of our prisons. This has to change and
the change has to be fast and radical.
Since the instant case is only for provisional measures involving a local prison, this
Order can go no further. And it is not my place to do so in a Concurring opinion
attached to a court order of that nature. I will confine myself here, as I did at the
June 28, 2004 hearing, to expressing profound concern over the fate of persons
whose lives depend upon the will, the resolve and the effectiveness of the authorities
whose responsibility, under the American Convention on Human Rights and, of
course, domestic law, is to ensure the protection of the principal rights of the
inmates, who cannot do it for themselves.
Sergio García-Ramírez
Judge
Pablo Saavedra-Alessandri
Secretary