A/HRC/13/39/Add.2
recommendations made by the Parliamentary Commissioner have been implemented. As a
result, prison conditions continue to deteriorate, leading to large-scale human rights
violations.
45.
The conditions of detention in two of the prisons visited by the Special Rapporteur
were appalling. Libertad Penitentiary was an infamous symbol of torture and ill-treatment
during the military dictatorship, and 20 years later, with a democratic Government in place,
it is renowned for its subhuman conditions, in clear contravention of international
standards. They are an insult to the human dignity of both those detained there as well as of
the guards who put their health at risk by working there. In addition, the name of the prison,
which means “freedom”, is a constant and terrible reminder for all those inside of the most
basic aspect of life of which they are deprived.
46.
At Libertad Penitentiary, there is an outdoor sector of steel modules (Las Latas),
located across from the Central Building, where detainees are held together like animals in
metal boxes. In contradiction to international norms, the detainees are only allowed to leave
the cells for a maximum of four hours a week.41 They have restricted access to water,
forcing them to drink from the toilet. In turn, they have to use plastic bottles or bags to
relieve themselves, which are later thrown into the courtyard shared by each module.
Medical attention is not easily obtained; as a result, detainees cut themselves in order to be
taken to a doctor. With regard to detainees with drug-related problems, there is no followup to previous treatments and families are not allowed to bring any medication inside the
penitentiary. Las Latas module was constructed in 2005 as temporary housing for detainees
while the main building was rebuilt after a riot. However, the module now serves as a
permanent “home” for recidivists, detainees involved in riots or other violence in the
different prisons around the country, and other detainees considered as posing security
risks.42
47.
At the time of the visit, the rate of overcrowding in COMCAR was 166 per cent,
although some modules house five times more prisoners than their capacity. According to
the Parliamentary Commissioner, the rate for 2008 was 188 per cent.43 In these modules,
the detainees are held in deplorable conditions. The cells are overcrowded and lack
appropriate sanitation and places to sleep. In one cell, the Special Rapporteur found 11
people in a space designed for 3. In addition, few, if any, opportunities for education,
vocational training or work were available. One additional concern in COMCAR was the
high rate of inter-prisoner violence. Three persons had already been killed in the first three
months of 2009 and during the visit there were two major incidents of inter-prisoner
violence. Many prisoners also complained about restricted access to medical treatment.
However, the Special Rapporteur was informed that the quality of medical services has
improved since the Ministry of Health is now responsible for providing medical services
there.
48.
The conditions in other areas of the prison varied greatly, as did the conditions in the
different places of detention visited by the Special Rapporteur. In Cárcel Central, for
example, prisoners had individual cells, and they shared common areas including a
gymnasium, library and kitchen.44 In addition, detainees had computers in the educational
facilities, where they could take lessons; they were able to get food delivered from local
41
42
43
44
GE.09-17655
Comisionado Parlamentario, Informes de Actuación y Evaluación del Sistema Penitenciaro, 2008, p.
65.
According to Government figures, more than 500 persons are held in Las Latas.
See additional statistics on overcrowding in Comisionado Parlamentario, Informe de actuación y
evaluación del Sistema Penitenciario Nacional 2008, pp. 108–129.
The occupancy rate of Cárcel Central was 72 per cent in 2008. Additional statistics in ibid., p. 129.
11
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