A/HRC/4/40/Add.4
page 19
75.
Moreover, although it has in general conformed its practice with the provisions of the
criminal procedure code, the National Police continues in many instances to ill-treat detainees,
both as a measure to further the investigative function assigned to it by law, and to maintain
discipline in the detention facilities.1 Although there have certainly been efforts by some human
rights prosecutors, who have opened proceedings regarding such abuses, it does not appear that
their perpetrators are being effectively brought to justice. The Working Group is very concerned
by the apparent indifference of the majority of judges and prosecutors to the widespread
ill-treatment of detainees by the police.
D. The absence of a proper penitentiary system
76.
As mentioned above, when detainees are transferred from police custody into the prison
system, they continue to be under the control of the police. They thus are dependent on the
police in order to establish contact with their defence lawyer and in order to have petitions or
motions delivered to the judge in charge of their case. The Working Group was informed, both
by detainees and by judges, of frequent instances in which the prison police fail to deliver
judgements to a detainee, thereby preventing him or her from asking to be released or to exercise
the right to appeal. Moreover, the prison system completely lacks a functioning complaints
procedure.
77.
While the detainees are at the mercy of the police in the above-mentioned respects, the
prison authorities (i.e. the police) have in fact, to a large extent, renounced their task to manage
the detention centre. Segregation between remand detainees and convicts, which is so
emphatically prescribed in the Constitution and the laws, is non-existent in reality. Food
provided by the prison administration is minimal and most detainees rely on purchasing food for
themselves. Similarly lacking are hygienic and health services, adequate facilities and treatment
for vulnerable groups such as detainees with serious bodily ailments and the mentally ill. In the
prisons of both San Pedro Sula and La Ceiba there is in practice no control over the interaction
between male and female detainees. The limits on the State budget allocated to the prisons and
the pitiful remuneration of the police assigned to serve in prisons cannot justify the abdication
from the public responsibility to provide the detainees with these services, which they currently
can obtain only through constant unlawful payments and a bustling network of businesses run by
the inmates, established or tolerated without any kind of control by the authorities.
78.
This situation prevents the adequate design of a criminal justice policy in which the
rehabilitation and reintegration into the community of the offender enjoys a primary importance.
According to the director of the Penitenciaría Nacional, there is one social worker per thousand
detainees in that prison. As the Supreme Court has found in several decisions, the situation in
the prisons violates article 87 of the Constitution of Honduras, which mandates the prison system
with ensuring the rehabilitation of the detainees and their preparation for reintegration. In its
decision of 10 February 2006 on the habeas corpus petition brought by the Tegucigalpa human
rights prosecutor on behalf of the detainees of the Penitencaría Nacional, the Supreme Court
ordered the Ministry of Security to correct the situation in the Penitencaría Nacional within one
year. However, without a substantial increase in resources and a profound change in the attitude
of the authorities, the Supreme Court decision is destined to remain a dead letter.
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