E/CN.4/1997/7/Add.3
page 21
building and shooting or stabbing anyone trying to escape from the flames.
According to reports, the events were witnessed by National Guard and prison
officers, who failed to react, until the attackers had withdrawn and the
flames had caused irretrievable damage. The case was being investigated by a
military court.
70.
More recently, on 22 October 1996, incidents occurred at the El Paraíso
Re-education and Handicraft Centre in Caracas, which resulted in the death of
about 25 detainees (burnt alive) and an indefinite number of other casualties.
According to reports, one of the detainees had an exchange of words with one
of the National Guard officials. The latter ordered the inmates of the prison
wing concerned to be locked up in their overcrowded cells, after which they
threw in tear-gas grenades, setting off a large fire. Apparently in previous
months many complaints had been lodged by inmates regarding the ill-treatment
they suffered at the hands of the National Guard.
71.
According to information provided by the Government, in order to deal
with the crisis in the prison system, the Government has adopted the following
measures: 14 new directors, 32 officials and 300 guards have been appointed;
top security prisons have been placed under military control as a means of
avoiding mutinies and mass escapes and of carrying out inspections to disarm
inmates; agreements have been concluded with several bodies to develop work
and educational programmes in the prisons. The Ministry of Justice is also
aiming to build new prisons and to renovate existing establishments.
72.
The Minister of Justice said that although for 20 years the prison
system, like other sectors of social policy, had been in a state of total
abandonment, they had become an issue to which his Ministry attached the
greatest importance. Responsibility for the dereliction of the sector was to
be attributed not only to the Ministry of Justice, but also to the Congress,
which had not provided sufficient budgets to meet requirements. The Council
of Ministers itself had shown little interest in the problem. Measures were
currently being studied to diminish overpopulation, such as releasing more
detainees on probation, by simplifying the procedure involved (a programme
which was beginning to be applied), in view of the fact that under the current
system the police and the judges tended to act according to excessively
repressive criteria and were too prone to order detention. In this respect,
the Attorney-General pointed out that under the current system individuals
were detained for investigation and to gather evidence. With the reform of
the Code of Criminal Procedure, the situation would be reversed, that is to
say, detention would be ordered as a last resort, only after evidence had been
obtained, and the delays for detention orders to be passed by judges would be
shortened.
73.
The Minister of Justice also referred to the lack of training and low
wages among prison guards, which explained the high rates of corruption. In
only three months, over 100 officials had been dismissed for corruption,
including some directors. The Director of Prisons said that the Ministry was
preparing a proposal to institute a real prison police, which would replace
existing guards and the National Guard on prison duties and for the transfers
of detainees. This police force would be better trained and better paid.
Training would be provided by a penitentiary institute which the Ministry of
Justice would like to set up as soon as possible. A fund had also been
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