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services free of charge. They can control trouble-makers, administer brutal punishment and
mobilize free labour on a large scale. They might also reduce inter-gang violence, provide a
system of rewards that keep some prisoners contented and encourage respect for certain prison
facilities. The temptation to rely upon them to carry out the basic functions of maintaining order
and imposing discipline is especially appealing to administrators who are grappling with
shrinking budgets, staff shortages, overcrowded facilities, demanding gang-based populations
and little public or Government support.
70. There are, however, major problems with opting for this choice. First, killings occur
regularly and the authorities are poorly placed to do anything to prevent them or to punish the
perpetrators. Second, the practice invariably leads to widespread violations of a wide range of
other human rights. Third, the supposed benefits of an orderly and disciplined prison population
almost always degenerate into a system in which violence rules, drugs dominate, gang-based turf
battles are unleashed and various forms of economic, social and sexual coercion or intimidation
are facilitated.
The process of abdicating responsibility
71. How does it come to pass that certain prisoners are placed in the position of maintaining
order and imposing discipline on their peers, often arbitrarily and abusively, while the prison
authorities stand idly by? The origins of this practice vary. In some cases, staff may have
deliberately delegated power to particular prisoners, sometimes beginning by designating
“trusties” or individuals who are trusted to behave responsibly, but then losing a degree of
control over, or becoming in thrall to, the “trusties”. In other cases, inmates may have coerced
the staff into recognizing their power. The extent to which control is surrendered also varies.
Sometimes, the guards continue to monitor conditions and retain the capacity to intervene. In a
remarkable number of cases, however, the guards have abandoned any attempt at regulating life
within the prison and, instead, only secure the perimeter, preventing escapes and searching
visitors for weapons and other contraband.
72. The violent death of some inmates is an almost invariable consequence of the abdication of
authority to prisoners. There are several reasons for this. First, when prisoners run prisons, the
“discipline” they impose is typically ruthless. Prisoners who fail to abide by their arbitrary rules
risk beating, stabbing and other unlawful violence. Second, when prisoners run prisons, the
strength of gangs will increase, as will the likelihood of fights between gangs. Third, when
criminals run prisons, it is relatively easy for them to organize riots and uprisings. When guards
exercise strong, continuous supervision, grievances can be addressed before they explode, and
fights can be broken up before they escalate. However, once a full-blown riot has developed, the
usual response is large-scale intervention by a military or police unit that too often resorts to
overwhelming force and indiscriminate violence. On various occasions, scores of prisoners have
died during the suppression of a single prison riot.
The obligations of States
73. The State’s duty to protect the lives of prisoners is clear. In all circumstances, States are
obligated to both refrain from committing acts that violate individual rights and take appropriate
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