when necessary, to appropriate authorities vested with reviewing or remedial powers, constitutes a basic safeguard
against torture and ill-treatment. The SPT recommends that the State party should set up an effective, confidential and
independent complaints system in all prisons. Each prison should keep a register of complaints, which should include
information on the complainant ’ s identity, the nature of the complaint, the action taken, and the outcome of the
complaint.
C.Neuropsychiatric hospital
219.The SPT visited the neuropsychiatric hospital in Asunción in order to assess the material conditions there. The SPT interviewed
the hospital director, who was cooperative and willing to provide information at all times. The hospital was divided into two sections
(one for men and one for women) separated by a fence. Men were not allowed into the women’s section, and hospital staff were in
charge of enforcing that rule. In both sections, patients had access to gardens, which were reasonably well maintained. In 2008, there
was no surveillance of the hospital perimeter, and outsiders managed to get into the hospital, where they abused some of the women
patients. There is now police surveillance of the hospital perimeter in order to prevent the entry of unauthorized persons. There are
plans to install alarms and to hire private guards in order to guarantee perimeter security.
220.In 2007 and 2008 there were incidents of sexual violence between patients, and of inappropriate use of force by hospital staff.
According to information given to the SPT, these cases were referred to the Office of the Ombudsman and to an NGO. Since 2008
there have been no reports of sexual violence against patients.
221.The SPT visited all wards, which housed between 10 and 12 patients, and observed that the dormitories were plain, but
reasonably clean, with ventilation and natural light. All patients had a bed and a mattress. Patients were assigned to a particular ward
on the basis of objective medical criteria. The toilet facilities were clean and in working order. Only those patients with more serious
problems were placed in special areas, separate from the rest. Violent patients could be transferred to solitary confinement cells for
periods lasting from hours to days while they received medical treatment. Solitary confinement cells had no furniture, only mattresses.
They also had a shower and bath. They were properly ventilated, but had very little natural light. A nurse was available 24 hours a
day to attend to persons in these cells.
222.The atmosphere in the wards was relaxed. At the time of the visit, there were apparently no patients subject to constraining
measures. Medical treatment was free and there were follow-up programmes for patients discharged from the facility. Some patients
who had been at the institution for a long time and had no family to support them lived together in groups of 10. These patients were
taught to cook and attend to certain basic needs. After a while, these patients were given the opportunity to live in a community
where they continued to receive medical supervision.
223.Although the SPT noted the availability of painting and drawing classes in certain wards, the institution’s main problem appeared
to be the lack of activities for patients. Just 10 to 15 per cent of patients took part in recreational therapy. The SPT found that the
overwhelming majority of patients had little or no privacy, and no place to keep their personal effects. The SPT had heard serious
allegations regarding the situation in this establishment. From what it was able to observe directly, the SPT concluded that there had
been a significant improvement in conditions in recent times.
224. The SPT recommends that patients are given greater opportunity to take part in rehabilitation activities. The SPT
also recommends that all patients are given lockers in which to store their personal effects.
D.Repercussions of the visit
225.The SPT is concerned at the possibility of reprisals against inmates who were interviewed. Detainees sometimes said that they
were afraid to talk with the SPT delegation because of the possible consequences.
226.The SPT underlines that any form of intimidation or reprisals against persons deprived of their liberty constitutes a
violation of the State party’s obligation to cooperate with the work of the SPT under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In accordance with
article 15 of the Optional Protocol, the SPT calls upon the Paraguayan authorities to ensure that there are no reprisals
following the delegation ’ s visit. The SPT requests the State party to provide detailed information on what it has done to
prevent reprisals against detainees who provided information to the SPT.
E.Additional information provided by the State party
227.In a note dated 19 June 2009, the Permanent Mission of Paraguay to the United Nations Office in Geneva sent the SPT
information from the Ministry of Justice and Labour on the measures taken by the Ministry between the SPT’s visit to Paraguay and
the date of adoption of this report.
228.In its resolution No. 218/09 of 23 March 2009 the Ministry of Justice and Labour established a special commission for the
monitoring and implementation of the SPT’s preliminary observations. The mission is composed of six senior officials from the
Ministry, and is tasked with verifying in situ the SPT observations and presenting a report to the Ministry of Justice and Labour, with
conclusions and proposals for action.
229.The special commission visited the two prisons inspected by the SPT. In each prison, the work of the special commission
focused on three main areas: corruption, infrastructure and human rights.
230.With regard to Tacumbú National Prison, the special commission’s report echoed the SPT preliminary observations regarding
the problem of corruption. The report recommends establishing a policy for restructuring the prison administration system, to include
a definition of jobs and profiles and the conditions governing the recruitment and promotion of prison staff, as well as a ban on
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