CAT/C/GTM/CO/5-6
(c)
Urges the State party to ensure that any cases where public servants or
private security staff infringe or violate human rights are investigated promptly,
independently and effectively; that the perpetrators are tried and punished in
accordance with the seriousness of their acts; and that the victims receive appropriate
redress, including the means for their physical and psychological rehabilitation.
Pretrial detention
17.
The Committee remains concerned about the large number of detainees — allegedly
51 per cent of all persons deprived of their liberty — held in pretrial detention, which
contributes to prison overcrowding. The Committee notes the information provided by the
delegation during the dialogue which indicates that the issue of pretrial detention and the
use of alternatives to deprivation of liberty is now being addressed (arts. 2, 11 and 16).
The Committee, recalling its previous recommendation (para. 20), urges the State
party to ensure that the necessary steps are taken to limit the use of pretrial detention
by adopting alternatives to custodial sentences, in line with the United Nations
Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), General
Assembly resolution 45/110 of 14 December 1990, and to ensure that people subject to
this regime are tried quickly and impartially.
Detention conditions
18.
The Committee is concerned about the poor conditions in detention centres,
including centres for women, and, in particular, about the high levels of overcrowding,
which reportedly exceed 200 per cent. It is also concerned about reports that recount
incidents of inter-prisoner violence and indicate that numerous detention centres are
controlled by organized groups of prisoners that, with the acquiescence of the authorities,
allegedly force other prisoners to pay them not to hurt them or to get them out of various
tasks, a practice known as talacha, and that they beat anyone who cannot pay up,
sometimes to death. In this connection, the Committee notes with concern the deaths of
Messrs. Víctor Rojas and Efraín Pérez in 2012 after they were beaten for not paying the
talacha. The Committee takes note of the information supplied by the delegation, which
said that steps are being taken to improve detention conditions and find a comprehensive
solution to the problem of overcrowding (arts. 2, 11 and 16).
The Committee urges the State party to speed up and step up its efforts to reduce
overcrowding, particularly through the use of alternatives to custodial sentences, in
line with the Tokyo Rules. The Committee also recommends that conditions in prisons
should comply with the Standard Minimum Rules for the Treatment of Prisoners,
approved by the Economic and Social Council in resolution 663C (XXIV) of 31 July
1957 and resolution 2076 (LXII) of 13 May 1977, and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(Bangkok Rules, adopted by General Assembly resolution 65/229 of 21 December
2010). The Committee further recommends that the State party ensure its authority
and responsibility for the humane treatment of prisoners in centres of detention and
step up its efforts to eradicate the practice whereby organized groups of prisoners
control these centres; ensure that all cases of prison violence, including torture and illtreatment, are investigated thoroughly and impartially, and that the perpetrators are
brought to trial and, if found guilty, are punished in accordance with the seriousness
of their acts; and ensure that detainees have access to an independent complaints
mechanism.
GE.13-44736
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