A/HRC/40/59/Add.2
79.
During his visit to Unit 3 of Bouwer prison, which houses pregnant women and
women with children, the Special Rapporteur received complaints that most of the children
were ill due to a lack of heating, the poor quality of the food and the presence of rats. The
unit lacked a paediatric or obstetric and gynaecological service, which impacted on the
quality of health care. Furthermore, the children were allegedly exposed to practices that were
not appropriate to their age, such as intrusive searches. The Special Rapporteur urges the
authorities to provide adequate living conditions for these children, including recreational
activities, sports, education and the possibility of contact with other members of the family.
80.
The Special Rapporteur is further concerned by the absence of guidelines or protocols
for the care of pregnant women deprived of their liberty. According to the information
collected, detainees suffered obstetric abuse during pregnancy, during childbirth and
postnatally by prison, administrative and health personnel. For instance, detainees reported
delays at the point of entering the hospital, lack of access to information regarding the
development of their pregnancy and obstruction of the contact with their newborns, which
hindered their right to give birth in a dignified manner.
B.
Transgender persons
81.
The Special Rapporteur is also concerned about reports of degrading searches of
transgender persons in public or in police stations and their detention in humiliating
conditions. In particular, provincial police stations do not provide appropriate facilities for
the separate detention of transgender persons. Even during the visit to Bouwer prison in the
Province of Córdoba, the Special Rapporteur’s team encountered a transgender woman who
was isolated in a cell within the arrivals pavilion that was reserved for male detainees, where
inmates moved about freely in front of her door, without the presence of a guard, and
subjected her to verbal abuse and intimidation.
C.
Migrants
82.
The Special Rapporteur is concerned by reports of discrimination by security forces
against persons of African descent and migrants from other Latin American countries on the
basis of racial profiling, including harassment, violent home intrusions and arbitrary arrests.
D.
Indigenous peoples
83.
The Special Rapporteur regrets to report the deplorable living conditions suffered by
indigenous peoples in various areas, the lack of adequate protection for their rights to their
traditional lands, and their limited enjoyment of basic economic, social and cultural rights.
He expresses serious concern at the violent methods allegedly used by police forces to crack
down on indigenous protests, as well as at patterns of marginalization and discrimination
against indigenous peoples in detention.
X. Recommendations
84.
Regarding the effective prevention of torture and ill-treatment, the Special
Rapporteur recommends that the executive, legislative and judicial authorities:
(a)
Comprehensively reform the administration of the justice system with a
view to moving away from the current focus on punitive retribution and towards the
rehabilitation and reintegration of offenders;
(b)
In accordance with article 4 of the Convention against Torture, ensure
that all acts of torture inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official capacity (as defined
in article 1 of the Convention), including any attempt to commit torture and any
complicity or participation in torture, are criminalized; and ensure that such offences
are punishable by appropriate penalties that take into account their grave nature;
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