E/CN.4/1997/7/Add.3
page 24
extent that resources are a key element of the problems, the political will
needs to be mustered to accord real budgetary priority to reform. The
Special Rapporteur is aware that there prevails a climate of general
insecurity and fear of crime that has led to a pronounced lack of sympathy for
those deprived of liberty and a corresponding, albeit counter-productive,
demand for repression. This climate - amounting to a virtual social
psychosis - is aggravated by the stringent economic pressures felt by ordinary
people as a result of macroeconomic structural readjustment measures. These
same measures also make it harder for the Government to divert resources from
other purposes to the reform of the criminal justice system. One practical
piece of evidence of the existence of some political will to avoid impunity
for the most outrageous excesses is the assurances given to the
Special Rapporteur that the criminal proceedings against those charged with
the events in Cararabo will be pursued to their full extent. Nevertheless,
this would appear to be a rare exception to the generally prevailing rule of
impunity.
84.
The Special Rapporteur would like to underline the general sense of
openness to the international community which virtually all his interlocutors
evidenced. This openness was reflected not only in the reception and welcome
accorded to the delegation, but also in a desire for moral support for needed
reforms, new ideas, and technical and financial assistance in planning and
executing reforms. He noted with appreciation a World Bank project,
coordinated by the local UNDP office, to enhance the judicial infrastructure,
as well as European Community projects to improve educational and training
facilities in prisons. The cooperation with competent local non-governmental
organizations in such matters also appeared highly positive. The
Special Rapporteur also took note of the establishment, by Decree of
24 January 1996 (published in the Official Gazette on 13 September 1996) of an
advisory organ to the Executive on human rights issues called the National
Commission on Human Rights. This will be composed by representatives of
different ministries, as well as the Office of the Attorney-General
(Procuraduría General de la República ), the Government of the Metropolitan
District ( Gobernación del Distrito Federal ) and the National Council of
Frontiers ( Consejo Nacional de Fronteras ).
85.
In the light of the foregoing conclusions, the Government of Venezuela
is respectfully urged to give serious consideration to the following
recommendations:
(a)
The period of time in which detained persons are to be brought
before a judge should be reduced from eight to no more than four days;
(b)
Effective access of all persons deprived of liberty to
independent legal advice should be vouchsafed within 24 hours of initial
detention. Such access should be exercised in accordance with principle 18 of
the United Nations Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment (General Assembly resolution 43/173 of
9 December 1988), which sets forth the following:
"2.
A detained or imprisoned person shall be allowed adequate
time and facilities for consultation with his legal counsel.
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