Participation in informal work activities in the hospital
93.Although the percentage of patients who participate in such activities has already doubled with respect to the 10–15 per cent cited
in the report of the Subcommittee, this area continues to pose a challenge and is one in which progressive improvements continue to
be made. An expansion, particularly of indoor recreational activities, is planned for the current year.
94.The 2010 budget provides for the purchase of storage racks with individual compartments for each patient that will be purchased
and installed in February and March 2010.
Paragraph 311
95.The 2010 budget provides for the purchase of individual lockers for the patients that will be purchased and installed in February
and March 2010.
II. Requests for information
Paragraph 312 (a)
96.By means of resolution No. 542 of 16 September 2009, the National Police established the Human Rights Department. The
Department’s operating regulations are being studied with a view to their approval, and its organization chart provides for the
establishment of a planning, operations and evaluation section. The functions of this section will include inspecting and evaluating the
infrastructure of cells in police stations and carrying out inspections in cases of court-ordered eviction.
97.The National Police, through the Department of Internal Affairs, is investigating incidents involving unlawful misconduct on the part
of police personnel, including any incidents related to acts of torture or cruel treatment or punishments inflicted on civilians.
98.Once the Department of Internal Affairs has completed all of its investigations, it will submit a detailed report on its findings to the
Office of the Commander. On the basis of its analysis of that report, the Office will then decide whether cases warrant referral to the
Directorate of Police Justice for disciplinary action against any police staff implicated in acts of torture or cruel treatment in
accordance with the regulations and the National Police Organization Act. Disciplinary measures taken against police personnel by
the Directorate of Police Justice are subsumed under any punishment handed down by the ordinary courts in the event that a criminal
and/or judicial investigation is opened.
Paragraph 312 (b)
99.In relation to this point, the Office of the Public Defender reports that, for the 2010 budget, it has requested an increase in the
number of defence counsel, higher wages, a larger allocation for legal representation costs, vehicles, structural improvements and
furniture, an increased allotment of fuel vouchers to defray public defenders’ travel expenses and an increase in staff. To date, it has
not been possible to obtain these increases.
100.In the Republic of Paraguay, the right to legal assistance has been established in the following instruments:
(a)Article 12 (on detention and arrest) and article 17 (on procedural guarantees) of the Constitution;
(b)Article 6 of the Code of Criminal Procedure (Act No. 1286/98).
101.Thus, the right to counsel is guaranteed from the moment of arrest, and failure to respect this right may invalidate the
proceedings.
102.The Office of the Public Defender has informed this Directorate that, according to records of trials conducted throughout the
country, in 2007, the offices of public defence counsel that deal with criminal matters processed 26,615 cases. In 2008, they
processed 26,556 cases.
103.From 1 January to 20 November 2009, 27,654 cases were processed. The number of defence counsel assigned to criminal
matters, including both confirmed and appointed counsel, was 51.
In 2008, there were 18 defence counsel assigned to criminal proceedings, including both confirmed and appointed counsel.
In 2009, two defence counsel were appointed. A total of 192 public defenders were appointed throughout the territory; of these, 94
were attached to the Office of Public Defender for Criminal Proceedings and 10 were serving as public defence counsel in criminal
proceedings involving adolescents. There are currently 41 vacancies.
For 2010, 56 new public defender posts were requested.
104.The Office of the Public Defender has submitted a bill to Congress containing 99 articles setting out the nature, location and
mission of the Office. The bill also establishes the Office’s autonomy, self-sufficiency and scope of responsibility. It also sets out the
specific principles governing public defence, such as prioritization, unity of operation, priority consideration for the interests of the
person being assisted, confidentiality, supplementary intervention, residual jurisdiction and the provision of services free of cost.
Article 11 stipulates that: “Staff attached to the Office of the Public Defender, without hierarchical distinction, shall, in the discharge of
their functions, adhere to the principles of flexibility, specialization, teamwork and personal responsibility in respect of proceedings
and shared responsibility in respect of the results of the management of the office to which they are attached, all with a view to