The Inter-American Commission on Human Rights (IACHR) has called on government to take steps to reduce overcrowding at the Camp Street Prison, while urging that measures be swiftly adopted to prevent any recurrence of the fire that claimed the life of 17 inmates in March.
“The IACHR believes that prison overcrowding not only constitutes in itself a form of cruel, inhuman, and degrading treatment, but is a factor that jeopardises the life and personal integrity of those who are incarcerated in a particular facility. Thus is it imperative for the national authorities to take all measures that may be necessary to ensure that prisons do not hold more inmates than they are equipped to house based on their real capacity,” it said in a statement issued on Wednesday, where it condemned the deaths of the inmates.
It also exhorted the state to ensure that the ongoing investigations be conducted with due diligence and without delays, and that urgent measures are adopted to prevent recurrences.
Seventeen inmates died and seven others were injured as a result of a fire at the city prison on March 3rd, which took place amidst a protest by the inmates against delays in trial, overcrowding and other living conditions in the prison.
The IACHR noted that while the prison was built to accommodate approximately 700 inmates, Officer-in-Charge of the prison Kevin Pilgrim had publicly declared that there were 1,014 persons housed there at the time of the fire. It also took note of reports that pretrial detention is largely resorted to and that inmates often are kept waiting for years prior to their cases being heard. “In this context, the Inter-American Commission urgently calls on the State of Guyana to take steps to reduce overcrowding and the use of pretrial detention, through the implementation of alternative measures,” it said, while noting that the use of precautionary measures other than pretrial detention is consistent with the exceptional nature of pretrial detention and with the right to presumption of innocence. Furthermore, it asserted that the use of alternative measures tends to be sustainable and effective as part of a comprehensive strategy to address prison overcrowding.
The IACHR emphasised that states hold a special position as guarantors of the rights of persons deprived of liberty. As a result, it said confinement entails a specific and essential commitment of states to ensure the lives and safety of inmates. “This “duty to ensure” means that States must take all necessary measures to prevent situations of risk, such as the situation arising in this instance, from seriously jeopardising the fundamental rights of inmates,” it added.
Against this background, it noted that states have the obligation to ensure that prisons have adequate, safe structures and the appropriate measures, action plans, and sufficient, trained staff in place to maintain security in its prisons and to handle emergency situations, such as fires.
President David Granger set up a Commission of Inquiry (CoI) into the unrest and subsequent deaths at the prison. The CoI, which received testimony from inmates as well as prison officials on the fire and conditions at the jail, concluded its public hearings on Monday and has until May 31st to submit the report of its findings to the president.
It was mandated to enquire into all the circumstances surrounding the death of the 17 prisoners and to make recommendations on any action that should be taken to avoid a recurrence. It was also charged to investigate, examine and report on the causes, circumstances and conditions that led to the fatal disturbances and also determine whether the conduct of the staff of the Guyana Prison Service in any way contributed to the prisoner deaths.
The IACHR urged the state to guarantee that the investigation is conducted with due diligence. “States have an obligation to conduct serious, diligent and impartial investigations on events that take place in prisons when these result in persons being killed or injured, such as in the case of this fire,” it noted. It further said that these investigations must clarify what happened and result in sanctions for all persons who, according to the investigation, have had some degree of responsibility. They must also constitute a way of reparation for the victims, it said, while noting too that the authorities have a duty to inform on the investigation of these facts to the families of the victims. The state must also offer psychological assistance to the families of the victims and to the survivors, it said.
The IACHR, which is a principal, autonomous body of the Organisation of American States, is mandated to promote respect for human rights in the region and acts as a consultative body to the OAS in this area.
