111. In this regard, the Court takes note of other international instruments to which Honduras is a party116 that incorporate pertinent prevention mechanisms by which independent external organizations or entities can monitor that the rights of those deprived of liberty are respected by regular visits to detention centers. In this regard, when designing these mechanisms, the State should take into consideration the opinion of expert witness Mario Luis Coriolano, to the effect that:117 Regular permanent monitoring by both the person in charge and by independent external entities is crucial. The Optional Protocol to the Convention against Torture allows for action to be taken on site, legitimated by international law, [using] the national preventive mechanisms that some […] countries haves already implemented; although many others have still not complied with this international norm. [These] monitoring visits can detect [the different shortcomings regarding the following] three dimensions: [i] the material and technological tools […]; [ii] the procedural aspects; namely, the operating regulations under normal circumstances […], and [iii] the important role played by the personnel to ensure that emergency teams are available at all times, every day of the year. 112. In addition, in the Special Regulations for the Operation of the National Penitentiary Service and the Prison Administration Manual (supra para. 98(c) and (d)), the State must establish mechanisms to define the chain of responsibility in the prisons in order to respond to the main needs of the prison, and to deal with any negligence that impairs the rights of the inmates. In this regard, expert witness Coriolano stated that: 118 Two very different levels of responsibility [can be analyzed, one] relating to public policies, that is decisions on legislation, regulations or general regulatory bodies, [and then] a level of responsibility [relating to] hierarchic structures of management responsibility […] that concerns senior management, as noted by many standards, [which] has to ensure [supervision] of [these] dimensions at all times. [This] leads to a hierarchic structure of responsibility with pre-defined roles that allows measures to be taken by different agents and at fundamentally different times, according to each level of responsibility, [deploying] short, medium, and long-term emergency measures. c) Training for prison officials and emergency plans 113. The friendly settlement agreement indicates that the Prison Administration Manual (supra para. 98(d)) must contain: (a) training programs for prison police and civilian personnel that include human rights education, and (b) emergency and evacuation plans in case of fire or other types of disaster. 116 On December 8, 2004, Honduras acceded to the Optional Protocol to the Convention against Torture and ratified it on May 23, 2006. In this regard, the State of Honduras, in its domestic law, approved the Law on the National Mechanism for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment (hereinafter “the NMP” of December 5, 2008, the purpose of which is the integration and technical, institutional and budgetary establishment of the NMP exercised by the National Committee for the Prevention of Torture and Cruel, Inhuman or Degrading Treatment. In this regard, in its report on its visit to Honduras dated February 10, 2010, the Subcommittee for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment expressed its satisfaction with the said law and its content; however, in its third Annual Report dated March 25, 2010, the Subcommittee underscored that, at the time of its visit, the State had still not elected the members of the NMP; in its fourth Annual Report dated February 3, 2011, it made no mention in this regard. The Subcommittee will be making a follow-up visit to Honduras from April 30 to May 4, 2012. 117 Expert opinion provided by Mario Luis Coriolano during the public hearing of the case on February 28, 2012. 118 In this regard, the expert witness added that the two levels of responsibility, “are, in turn, related to two conceptual clusters, [one] related to the prison in its broad meaning as places of imprisonment, [associated] with the protection of life, physical integrity and decent treatment; [and the other] related to security, strictly speaking, [associated] with the protection of those deprived of liberty to avoid escapes, uprisings and fire. In our region, this has reached a point that […] has resulted in a decrease in the rate of imprisonment; this decrease may be obtained by establishing alternative punishments to deprivation of liberty and promoting reinsertion and rehabilitation programs in prisons.” Expert opinion provided by Mario Luis Coriolano, supra note 117. 32

Select target paragraph3