55.Overcrowding remains a cause of concern. Tacumbú has capacity for approximately 1,200 inmates but houses far
more than double that number. The Subcommittee is aware that the Government has made an effort to increase the
number of beds in Tacumbú Prison, but would point out that those efforts will not be sufficient, since the prison structure
is inadequate. The Subcommittee is also aware of the plans of the Ministry of Justice and Labour to build new prisons
(Pedro Juan Caballero, Ciudad del Este, Misiones, Emboscada, etc.) and to refurbish existing ones (Emboscada). During
their visit to the country, the Subcommittee’s representatives learned from the press that Tacumbú Prison was soon to
be closed. The Subcommittee is of the view that Tacumbú National Prison should be closed as soon as possible and
requests confirmation from the State party of the above-mentioned announcement, together with information on the
timetable for its closure.
56.The Subcommittee is also of the view that the pasilleros’ situation has humanitarian implications that call for urgent action. The
Subcommittee recommends that the State party immediately resolve the situation of the pasilleros, reduce their number
to zero and guarantee each inmate a bed and a roof over his or her head.
57.According to statements made to the Subcommittee, torture and ill-treatment have continued to be commonplace and
have been the usual means employed by prison guards to impose their authority. The Subcommittee’s delegation spoke
with one inmate who showed signs of torture, including a recent open wound on his head, a recent open wound on his leg
and bruises running down his back. The inmate said that the blows had been dealt by a prison guard with his truncheon
the day before in punishment for having been in a brawl with another prisoner. The Subcommittee reiterates its
recommendation that a speedy and impartial investigation be undertaken into any allegation of torture or ill-treatment in
accordance with articles 12 and 13 of the Convention against Torture. When such allegations concern prison staff, those
persons should be suspended while the inquiry is conducted and should be removed from their posts if they are found to
be guilty.
58.Prison management, corruption and system of privileges .The Subcommittee refers the State party to the statements made in
its earlier report regarding corruption and the illegal system of privileges that is in use in prisons. The Subcommittee was informed
about certain steps that were taken in line with its recommendations. Based on its follow-up visit, however, the Subcommittee is of
the view that corruption in Tacumbú Prison, far from having been reduced, appears to have spread and become worse.
59.Although prison authorities report having removed corrupt prison staff from their posts, inmates and other credible sources have
told the Subcommittee, in great detail, how corruption continues to affect each and every area of prison life. “Fees” continue to be
charged for the different services (such as access to a doctor, to a given block or wing, etc.), with some modifications. “If anything
has changed”, some inmates said, “it is that now you have to pay more for certain things.” Whereas, slightly over a year ago, inmates
had to pay the guards 5,000 guaraníes in order to be allowed to carry a knife, the sum had risen to 50,000 guaraníes by September
2010. The Subcommittee has also been informed of other illegal fees now being charged by the guards (e.g., a fee of 2,000 guaraníes
for allowing an inmate’s visitor to sit on a chair or to return a mobile phone to a visitor who was required to leave the phone at the
prison entry hall).
60.In addition, although the information received from official sources indicates that budgetary allocations for meals ought to be
sufficient to meet inmates nutritional requirements, inmates are almost unanimous in asserting (and their version is backed up by
statements from many staff members) that the food they receive is neither nutritional nor sufficient in quantity because most of the food
is taken out of the prison and sold for profit. A number of inmates also reported that, on repeated occasions, personal effects
(including CD players and new undergarments) were taken by the guards during searches.
61.The Subcommittee is extremely concerned by information received from credible sources which indicates that corruption is not
confined to a given prison or operational level. On the contrary, it seems to exist in almost all of the country’s prisons and to be very
well coordinated and organized. The Subcommittee has repeatedly been apprised of consistent allegations that certain political circles
are profiting from this nationwide form of organized corruption.
62.Corruption can pave the way for degrading treatment and has an adverse impact on the human rights of those subject to it.
Persons deprived of their liberty constitute a vulnerable group for which the impact of corruption is even greater, since they are less
able to defend themselves or to report it. Many of the specific examples in Tacumbú Prison that were cited to the Subcommittee
illustrate this: when an inmate must pay 15,000 guaraníes for medicine that should have been provided free of charge, that inmate’s
right to health is being impaired. When prison guards bring drugs into a prison or allow drugs to be brought in, they are also interfering
with the inmates’ right to health and, indirectly, their right to life. Corruption is also intrinsically discriminatory, since inmates who pay
bribes enjoy privileges, while inmates who do not engage in corrupt practices do not. Poor inmates, who may already be subject to
the “criminalization of poverty”, thus become victims of additional discrimination in prison because they are unable to take part in the
prevailing scheme of corruption.
63.The existence of widespread corruption in Tacumbú Prison was exposed by reports that appeared in the press soon
after the Subcommittee’s visit concerning a child pornography ring operating from within the prison. It is the
Subcommittee’s understanding that these actions led to the dismissal of the prison’s director and the intervention of the
Director of Prisons and Corrections. The Subcommittee deeply deplores these actions, which it condemns energetically
and categorically. The Subcommittee recommends that an investigation of these actions be undertaken without delay and
that the inmates and staff members involved be tried and, if found guilty, punished.
64.Given the scope and entrenched nature of corruption, a strong political commitment to its elimination is required, as
are a series of short-, medium- and long-term measures for its prevention and suppression. The Subcommittee reiterates
its earlier recommendations and, in addition, recommends that the State party:
(a) Undertake an independent audit without delay, starting with Tacumbú National Prison but including all prisons in the
country, to investigate the corruption existing in this sector, identify corruption risks and develop recommendations for