building. At the time of the visit, 64 women and 2 babies were housed in the facility. Members of the delegation found the physical
conditions satisfactory and the atmosphere warm. There were two sections: one for women who had been convicted and another for
those who had been sentenced, but in practice they lived together. Only one official (female) was on duty in a 24-hour period. She
told members of the delegation that few improvements had been made at the facility in the previous six years. Although physical
resources were scarce — consisting essentially of beds and a bathroom — the delegation observed that the cells were clean and
spacious, with adequate ventilation and light. One of the problems that the delegation noted was a shortage of drinking water and a
complete lack of hot water. Children living in the facility with their mothers were provided with fruit, vegetables, dried milk, medicines
and shoes. There was not a separate space for children and they received no special treatment from the staff of the facility. Their
living space was limited to the sleeping quarters of their mothers. The inmates were allowed to move freely inside and outside the
building during the day and could engage in various activities (such as educational and religious activities). However, they had no
access to recreational or sports activities.
186.The delegation also visited the women’s prison within the State Prison of Jalisco (Reclusorio Preventivo del Estado de Jalisco).
The women’s facility is 25 years old and has an area of 25,000 square metres. Officially, its capacity is 256 inmates, but on the day
the delegation visited the institution it housed 660 women, including 34 minors. The prison director acknowledged that overcrowding
was a real problem at the facility. She explained that the situation was worse at night because there were not enough places to sleep.
Consequently, the inmates had to sleep on the floor in hugely overcrowded cells. There were four dormitories, to which prisoners
were assigned on the basis of their legal status. In addition to the dormitories, the prison had an area with six rooms (which had
recently been renovated) in which inmates could receive conjugal visits, a medical unit (adequately equipped), a school area (with a
library, theatre workshop and computer area), an area for minors (well equipped for children from 3 months to 3 years of age, similar
to a nursery school), a common dining room, a laundry, a workshop, an area for making tortillas, a sewing room and a kitchen
(modern and clean). The positive impression that the members of the delegation received was reinforced by their interviews with
inmates. None of the women interviewed complained to the delegation of any irregularities in their treatment by prison officials. On
the contrary, they stressed the affection that they felt for the prison director, which was apparent to the members of the delegation
during the visit to the institution. The delegation members were pleased to note this excellent relationship between the inmates and the
prison staff. The prison administrative staff were most helpful throughout the visit, and the atmosphere was warm, open and
cooperative. The Subcommittee wishes to emphasize that good management and good interaction between prison staff and inmates
are essential for the proper functioning of prisons and detention centres. The only shortcomings that the delegation noted at this facility
were overcrowding and the low number of inmates participating in educational and recreational activities. Nevertheless, the delegation
was very favourably impressed by the warm atmosphere, the various activities organized for the inmates and the good relations
among them.
187.The delegation also visited the women’s section of the Central Prison in Oaxaca, which housed 85 people at the time
of the visit (including 3 babies aged 2, 5 and 7 months). The inmates were locked up in this facility and were only allowed
out of their cells for specific reasons and at certain times. Only two guards per shift were on duty in the women’s section.
The delegation received many complaints concerning overcrowding (not all inmates had their own bed and some had to
sleep on the floor), food (poor quality, sometimes contaminated by insects), medical services (lack of professionalism,
lack of medicines), preferential treatment given to male inmates with respect to the use of areas intended for sports
activities, and the treatment of children, who did not receive adequate or appropriate food. Most of these complaints
were substantiated by the assistant director of the women’s section and by personal observations of the members of the
delegation. Living conditions were extremely poor. The cells were so small that the prisoners were not able to stretch out
fully (1.85 x 1.30 metres for one-person cells, slightly larger for two-person cells). The cells had no windows and no
ventilation and were very poorly equipped. Health and hygiene conditions were also generally poor. The Subcommittee
recommends that the occupancy level of these areas be substantially reduced and that all inmates be provided with basic
hygiene products. In addition, the Subcommittee recommends that the necessary steps be taken to increase leisure and
recreational activities for female inmates. The Subcommittee recommends an urgent review of the physical conditions,
including renovation programmes. The Subcommittee also recommends that the State ensure that appropriate
arrangements are made for female inmates whose children live with them in the prison and that efforts be made to
recruit more staff.
188.The 2003 General Assembly resolution on human rights in the administration of justice (resolution 58/183) invited
Governments, relevant international and regional bodies, national human rights institutions and non-governmental
organizations to devote increased attention to the issue of women in prison, including the children of women in prison,
with a view to identifying the key problems and ways in which they can be addressed. The Subcommittee recommends
that the State party develop policy proposals aimed at ensuring that action is taken to address the special needs of
women in prison. The Subcommittee considers that the treatment of women in prison should be guided not only by the
United Nations Standard Minimum Rules for the Treatment of Prisoners and other specific guidelines for prisons, but
also by all applicable international human rights instruments. In addition to the international standards, States should
also comply with the relevant regional standards.
189.The Subcommittee has noted that sentence enforcement courts have been established as part of the constitutional reform of the
criminal justice system. Such institutions, if implemented properly and if allocated adequate budgetary resources, can be an excellent
means of improving access to justice for persons deprived of their liberty and therefore an additional mechanism for preventing torture
and cruel treatment, as they facilitate complaints and grievance procedures.
190. The Subcommittee recommends that Mexico provide sufficient budget allocations, training and awareness-raising to
enable the sentence enforcement courts to operate effectively throughout the country and thus give effect to article 21 of
the Mexican Constitution, which created them. The Subcommittee also recommends that consideration be given to the
possibility that these judicial bodies might carry out a regulated legal procedure in respect of conditions of detention,
transfer of prisoners, and review and duration of administrative sanctions and penalties.
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