CAT/C/PRY/CO/4-6
(d)
Ensure that the Public Prosecution Service conducts, of its own motion,
investigations and, if appropriate, institutes criminal proceedings whenever there are
reasonable grounds to believe that acts of torture have been committed;
(e)
Duly bring to trial alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, sentence them to penalties commensurate with the
seriousness of their acts;
(f)
Strengthen existing mechanisms for monitoring and oversight of the
police so as to ensure independent and effective oversight;
(g)
Provide victims with appropriate compensation and direct its efforts
towards ensuring rehabilitation that is as complete as possible.
Conditions of detention and use of pretrial detention
19.
The Committee is concerned about the habitual and widespread use of pretrial
detention, which may undermine the right to presumption of innocence, rather than noncustodial measures. The Committee is also concerned by the failure to respect the
maximum legal period for pretrial detention and by the existence in the State party of
legislation that restricts the possibility of using alternatives to preventive detention. The
Committee is especially concerned by the extensive use of pretrial detention for children
aged between 16 and 18 years. The Committee notes with concern the abundant
information received from various sources on the deplorable material conditions in many of
the State party’s police stations and prisons, the overcrowding in them, the inadequate
medical services and the almost complete lack of activities for persons deprived of their
liberty. In particular, the Committee is concerned about the material conditions in the
psychiatric ward of the national prison in Tacumbú and the lack of specialized medical
attention provided to the prisoners housed there. The Committee is further concerned about
allegations of discrimination against the lesbian, gay, bisexual and transgender community
in the State party’s prisons, including discrimination in allowing private visits from
partners. Lastly, the Committee is concerned about the arbitrary use of solitary confinement
as a punishment in the State party’s prisons (arts. 2, 11 and 16).
The State party should take effective measures to ensure that its policy of pretrial
detention is in conformity with international standards and that pretrial detention is
used solely as a last resort and for a limited period, in conformity with the
requirements laid down in its legislation. To this end, the State party should review
the use of pretrial detention as a primary measure for accused persons awaiting trial
and consider the possibility of using alternatives to deprivation of liberty, as described
in the United Nations Standard Minimum Rules for Non-custodial Measures (the
Tokyo Rules), adopted by the United Nations General Assembly in its resolution
45/110, in particular in cases involving minors. The State party should also increase
judicial control over the duration of pretrial detention.
The State party should adopt urgent measures to ensure that detention conditions in
police stations, prisons and other detention centres are in conformity with the United
Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the
Economic and Social Council in its resolutions 663 C (XXIV) and 2076 (LXII). In
particular, the Committee recommends that the State party should:
(a)
Adopt a plan for the improvement of the infrastructure of Paraguay’s
police stations and prisons so as to guarantee decent living conditions for persons
deprived of their liberty;
GE.11-47781
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