142.The SPT considers that some of the practices related by the detainees interviewed, such as the “dry submarine” method and
squeezing of testicles, are not simply isolated incidents but represent common and established practice by the National Police during
the initial hours of detention. The SPT is extremely concerned at the existence of a pattern in this regard, since the same techniques
were described by people interviewed at random in different parts of the country.
143.From the standpoint of prevention, it is important to recognize that there is a risk of torture or ill-treatment during arrest,
investigation and detention by the police. By the same token, it must be made clear that such acts will not be tolerated under any
circumstances and that the perpetrators will be punished, thereby excluding any possibility of impunity.
144. In view of the foregoing, the SPT recommends that:
(a) Police officers should receive clear, categorical and periodic instructions on the absolute and mandatory prohibition of
any form of torture and ill-treatment and that such prohibition should be included in such general rules or instructions as
are issued in regard to the duties and functions of police personnel;
(b) In accordance with the obligations entered into by the State party under articles 12 and 16 of the Convention against
Torture, a prompt and impartial investigation is to be conducted wherever there is reasonable ground to believe that an
act of torture or ill-treatment has been committed. Such an investigation shall take place even in the absence of a formal
complaint;
(c) All police stations and units in the country should have information available and visible to the public on the
prohibition of torture and ill-treatment as well as on how and where to file complaints concerning such acts;
(d) With a view to reducing impunity, police officers who do not wear uniforms when carrying out police duties (in “ plain
clothes ” ) are obliged to identify themselves by name, surname and rank at the time of arrest and transfer of persons
deprived of their liberty. As a general rule, police officers responsible for enforcing deprivation of liberty or who have
persons deprived of their liberty under their custody should be identified in the appropriate registers.
B.Prisons
145. The SPT visited Tacumbú National Prison in Asunción and Pedro Juan Caballero Regional Prison in the Department of
Amambay.
146.The SPT was able to conduct a thorough inspection of Pedro Juan Caballero Regional Prison, and managed to get an overall
picture of the premises, including the children’s, women’s and men’s quarters. At Tacumbú National Prison, the SPT visited most of
the wings, although it was unable to carry out a complete inspection given the size of the facility. At both prisons, the SPT interviewed
a large number of inmates and prison staff, including the directors and medical staff. The authorities were always open and
cooperative. The SPT has concluded that the existing conditions at Tacumbú National Prison in Asunción and the Pedro Juan
Caballero Regional Prison place Paraguay in breach of its international obligations. This assertion is substantiated, inter alia, in the
paragraphs that follow.
1.Overcrowding
147.The SPT observed with concern that serious overcrowding was a chronic problem at both the prisons visited.
148.At the time of the Subcommittee’s visit, there were 3,008 inmates in Tacumbú National Prison, although the prison has a
capacity for 1,200 inmates. As a result, most of the inmates do not have beds and have to sleep on the floor. For example, 268
inmates known and registered as pasilleros (corridor people) have not been assigned to any wing and sleep outside in the prison
yards and corridors. The SPT interviewed a large number of pasilleros and saw the terrible conditions in which this sector of the
prison population lives, which, because it is the poorest, is also the most vulnerable.
149.During a constructive meeting between members of the SPT and the director of Tacumbú National Prison at the end of the
prison visit, the director informed the SPT of a plan to build a new wing on the site currently known as “ex sotano” and to equip the
current D wing with additional beds and mattresses. The director also announced a plan to transfer some Tacumbú inmates to
Emboscada Prison, which will be operational shortly and have a capacity for 135 prisoners. The SPT requests the Paraguayan
authorities to keep it informed of the development and implementation of these plans and recommends that they be
implemented without further delay so that the right of every prisoner to a separate bed and individual and sufficient
bedding is guaranteed. The State party must seek a solution to the problem of pasilleros immediately.
150. The SPT recommends that beds and proper mattresses should be made available to all inmates, including prisoners
held in solitary confinement.
151.The SPT noted that in Pedro Juan Caballero Regional Prison, the children’s and women’s quarters are separated from the adult
men’s quarters by a fence. According to the inmates interviewed, neither the adult prisoners nor the prison staff enter these areas.
However, one person pointed out that although he was a minor, he had been held in an area for adults for one month because he had
not had an identity card. Moreover, in both prisons visited, the SPT noticed that convicted prisoners were not separated from those
held in pretrial detention, who account for approximately 80 per cent of the prison population.
152.The SPT notes that the failure to separate convicted prisoners from prisoners awaiting trial and adults from children
is a violation of article 10 of the International Covenant on Civil and Political Rights and recommends that the
Paraguayan authorities should ensure that different categories of prisoners are kept in different institutions or different
sectors of the same institution.
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