A/HRC/28/68/Add.3
be reviewed. In practice, however, not only is the application of disciplinary measures not
subject to judicial oversight, but the proper procedures are rarely followed and disciplinary
measures are instead imposed arbitrarily by prison staff. Solitary confinement is often
imposed for extended periods, even months, without the detainee being allowed to come
out or to receive visitors. The Special Rapporteur observed a case in Santa Martha prison
where a woman being held in solitary confinement was clearly psychologically disturbed.
Solitary confinement generally involves critical overcrowding in small cells and appalling
conditions, particularly in Nezahualcóyotl Bordo, Santa Martha, La Mesa and Topo Chico
prisons.
66.
Prison medical services tend to be poor when it comes to staffing, medicines and
infrastructure and most do not have sufficient dentists, psychologists or psychiatrists.
Inmates complained of a lack of prompt medical assistance and that the situation had to be
serious for a person to receive care. There were cases of detainees with chronic illnesses
who were not receiving the medicines they needed. The medical examinations carried out
on admission to detention centres are usually cursory and medical staff are not trained to
detect or document possible torture or ill-treatment.
67.
The facilities of the Baja California Attorney General’s Office in Tijuana were in
poor condition. Cells were small, with no running water, light or mattresses. The Special
Rapporteur is concerned about two cells that were empty but are so small that a person
could not even lie down in them. Conditions in the Federal Investigation Centre were
adequate, although detainees spent most of the time in their cells.
68.
For the most part, no complaints were received of torture or ill-treatment by prison
staff, although there were complaints of staff indifference, high-handedness, arbitrariness
and corruption. Nevertheless, the Special Rapporteur was told of cases of torture and illtreatment in detention centres, including cases documented by human rights commissions,
and he calls on the Government to strengthen and guarantee the existence of confidential,
accessible and independent complaint mechanisms within such centres.
1.
Women
69.
Similar conditions were observed in women’s prisons, although their impact tends to
be greater because of the specific experience of women inmates, including mothers whose
children are with them, and the absence of a gender approach in prison policy. In Santa
Martha prison, inmates, including mothers, are living in overcrowded conditions, have to
share mattresses and have limited access to water and suitable food. Over 60 per cent of
women prisoners in the country are in mixed centres, where they tend to be held in confined
areas and share common areas with male prisoners. The Special Rapporteur observed a lack
of specialized gynaecological and psychological care, as well as a lack of attention to
women’s hygienic and biological needs. Medical care for pregnant women and nursing
mothers was also poor. Women’s reproductive capacities tend to be strictly controlled:
contraceptive use is imposed for access to conjugal visits or they are forced to use specific
contraceptive methods, such as injections or IUDs, even though they may prefer less
invasive methods. There is a lack of rehabilitation programmes with a gender approach and
of measures to help women stay in touch with their families and communities: visiting is
often difficult or women are detained in centres far away from their families.
2.
Minors
70.
Under article 18 of the Constitution, minors aged over 12 and under 18 can be
deprived of their liberty through a specialized criminal justice system. The infrastructure of
the San Fernando Rehabilitation Centre in the Federal District and the Juvenile Offenders
Remand and Rehabilitation Centre in Monterrey was in poor condition and not conducive
to education and social reintegration, although there was no overcrowding. In both cases,
16
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