E/CN.4/1997/7/Add.3
page 19
slept and where some 100 of them remained cooped up from evening to morning
within an area of about 25 square metres, the ceiling space being used to
suspend hammocks.
62.
The Special Rapporteur also visited the women's quarters at La Planta
and Sabaneta and spoke to some of the inmates, who reported that there was no
physical ill-treatment in those establishments. Some of them, nevertheless,
said they had been tortured by the police in the hours or days following their
arrest. In the women's section of the Sabaneta prison, the Special Rapporteur
was pleasantly surprised by the prevailing material conditions, which
contrasted markedly with those commonly found in the male quarters. According
to information received, the women's quarters were not overcrowded and, thanks
to a programme financed by the European Union, major improvements were being
introduced in the areas of health, education and activity workshops. With
regard to the male quarters of both establishments, non-governmental sources
reported that inmates were often physically ill-treated on the occasion of the
inspections regularly carried out by the National Guard.
63.
The authorities whom the Special Rapporteur interviewed, and in
particular the Minister of Justice and the Director of Prisons, were very
concerned by the prison situation. It is also a concern of the
Attorney-General, whose last report contains the following comments:
“The human rights of inmates are violated day after day, without the
authorities responsible for solving the problem having come up with any
effective results. In our prisons, approximately 70 per cent of inmates
are persons still awaiting trial, while only 25 to 30 per cent have been
convicted. This situation has led to congestion in the prisons, which
do not possess the necessary infrastructure to house such a
disproportionate number of detainees, which in turn makes any remedial
and social resettlement work impossible (...). There is no doubt,
therefore, that the delays in passing judgement incurred by some courts
have contributed to the breakdown which has occurred in the prison
system”. 22
64.
Overcrowding is also a problem for the detention premises of the PTJ,
which the Special Rapporteur observed at first hand at La Planta. In this
connection, the Director of the PTJ said that despite the fact that the latter
should not hold people on its premises after the first eight days of
detention, there were cases where detainees under detention orders had
remained in the hands of the PTJ for four or five months, simply because there
was no room for them in the prisons. As a result, he said, PTJ officials had
in effect become jailers, a job for which they were not prepared and which
gave rise to corrupt practices.
65.
Other governmental and non-governmental sources also pointed to the
slowness of procedures as a significant cause of prison overcrowding.
According to the NGO study on the World Bank and judicial reform in Venezuela,
“the number of cases pending before the courts of first instance quintupled
between 1986 and 1991, as a result of which the average time for criminal
cases to be processed rose to 1,136 working days, 10.4 times more than legally
required under the Code of Criminal Procedure. Since, generally speaking,
most low-income defendants are unable to put up bail, all those accused of