CAT/OP/PAN/1
concentrated and can be hard to distinguish from that of religious groups. Self-rule by
gangs and corruption increase the risk that persons deprived of their liberty will be
subjected to exploitation, ill-treatment, torture and other abuses, while the perpetrators are
very likely to go unpunished. The Subcommittee noted that there was a climate of fear in
the prisons ruled by inmates. The Subcommittee also received information about firearms
(and drugs) being brought into the prisons.
72.
The Subcommittee noted as well that this situation prevents the separation of
convicted prisoners from untried prisoners, which is a violation of rule 11 of the Nelson
Mandela Rules, and precludes the replacement of older detention facilities with modern
ones, as such a change would lead to the breakdown of the power-sharing model.
73.
The Subcommittee recommends that the State party expedite implementation
of the Prison Service Act and ensure that there are enough qualified prison staff to
manage the prisons appropriately.
74.
The Subcommittee is of the view that the delegation of authority and inmate
self-rule increase the risk that persons deprived of their liberty will be subjected to
torture and ill-treatment and urges the State party to take the steps necessary to
regain control of its prisons.
D.
Long-term pretrial detention
75.
The Subcommittee welcomes the promulgation of Act No. 4 of 17 February 2017 on
amendments to the Judicial Code, the Criminal Code and the Code of Criminal Procedure,
measures to prevent prison overcrowding and other provisions, which makes it possible,
among other things, to commute the sentences of convicted persons who participate in
instructional or work programmes during pretrial detention.
76.
However, the Subcommittee noted that there were serious delays in the completion
of criminal proceedings and that pretrial detention was overused and lasted too long.
Official information indicates that there are persons in pretrial detention under the rules of
the inquisitorial system and that pretrial detention for long periods of time is very common
(2,759 persons have been in pretrial detention for more than three years, 6,760 for more
than one year and 393 for less than one year). In the adversarial criminal justice system now
operating in the country, conversely, persons held for less than one year make up the bulk
of those in pretrial detention (8 persons have been held in pretrial detention for more than
three years, 328 for more than one year and 1,200 for less than one year). Of the country’s
total prison population of 16,104 inmates, 8,681, or 54 per cent, are persons in pretrial
detention. In addition, the Subcommittee noted that, in the Nueva Esperanza rehabilitation
centre in Colón, there was a man who, at the time of the Subcommittee’s visit, had been in
pretrial detention for eight years.
77.
As it has done in respect of overcrowding in detention facilities, the
Subcommittee recommends that the State party promote non-custodial penalties, in
line with the Tokyo Rules, and step up its efforts to reduce the use of pretrial
detention.
E.
Searches
78.
The Subcommittee received numerous reports from detainees and their family
members that, notwithstanding the assertions to the contrary made by prison
superintendents, people wishing to enter a place of detention are subjected to degrading
searches during which they are forced to strip and assume humiliating positions, a practice
that discourages family visits.
79.
The Subcommittee calls on the State party to comply with international
standards by putting an immediate end to this practice, which is an affront to a
person’s dignity. The Subcommittee recommends that the State party ensure that
search and entry procedures for visitors are not degrading and are governed by
GE.18-12640
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