E/CN.4/1997/7/Add.3
page 20
some offence tend to wait in prison until their innocence or guilt has been
established (...). Many of the accused spend more time in prison waiting for
their case to come to trial than the maximum sentence they would have received
23
for the offence of which they are accused”.
According to the report by the
Attorney-General's Office, out of a total of 22,652 inmates at the end of
1995, only 7,130 had actually been convicted.
66.
The President of the Supreme Court of Justice said that there was a lack
of coordination between the administrative, judicial and prison services and a
shifting of blame with regard to the cause of procedural delays; for the
administrators, the judges were to blame because they took too long to pass
judgement; the judges on the other hand argued that they could not judge cases
because the detainees were not brought before them. Meanwhile the
Prosecutor's Office said that it was hampered in its duties by the Ministry of
Justice, which did not heed suggestions regarding how to deal with
overcrowding in the prisons. Every day they could see how the Ministry
ignored their proposals regarding the transfer of detainees to the courts when
called to appear by the jurisdictional authorities, on the grounds that there
were no means of transport or no staff available. The upshot, as the Office
pointed out, was that the general overcrowding could be considered to be due
largely to the inefficient operation of the Ministry of Justice.
67.
In the midst of this situation, there were complaints of the corruption
to which detainees and their relatives were exposed, having to pay illegally
for any service which brought any kind of benefit whatever to individual
detainees in the prison establishments, and even for transfer to the courts.
It may be pointed out in this respect that under article 73 of the Code of
Criminal Procedure, defendants may apply through the director of the prison or
establishment where they are detained to be transferred to the court for their
case to be examined in the company of a lawyer, or failing that, a person of
trust. The Director of Prisons, on the other hand, suggested that for some
procedures the judges should themselves visit the prisons, which would avoid
many transfers of detainees, but that they did not do so out of lack of
interest.
68.
Generally speaking, not even the least criteria are used to classify the
prison population. In most places of detention, there is no separation
between convicted and unconvicted persons, nor any selection according to the
seriousness of the offences committed or the dangerous nature of the
individuals concerned, the inmates being distributed within a prison in
accordance with their liking. There is, moreover, a high level of violence
24
between inmates, due to a large extent to a general state of idleness
and to
the large quantity of weapons held by detainees, partly supplied by the
officials themselves through corrupt practices. In this respect, according to
the Attorney-General's report, the latter dealt with 130 cases of homicide
25
and 799 cases of assault in prisons in 1995.
In addition, ill-treatment is
not infrequently inflicted by officials on detainees for reasons of
discipline.
69.
As a result of all the above factors, outbreaks of violence are liable
to occur, as one did on 3 January 1994, when over 100 detainees were killed
and dozens wounded at the National Prison of Maracaibo; on that occasion, one
group of prisoners locked up another in one of the wings, setting fire to the
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