CAT/OP/ARG/1/Add.1
81.
In order to prevent any harassment or ill-treatment of visitors and to preserve their
intimacy and modesty, state-of-the-art technological detection systems, which are more
effective and less invasive, are used to monitor those entering and exiting federal prisons. It
should be noted that this procedure is part of a security system comprising different devices
and phases, which is set out in the relevant procedural manuals, protocols, applications and
guides.
82.
In that regard, Ministry of Justice and Human Rights Decision No. 829 dated 17
June 2011 approved the “Procedural Guide for the Use of Trace Detection Systems in
Prisons”. This guide has provided the Directorate with more effective and less invasive
tools for monitoring persons in order to prevent and detect narcotics, firearms, explosives
and any other substance or item that might threaten security, with the aim of preserving the
life and health of those in prisons.
83.
This system’s fundamental objective is to prevent the entry of prohibited items, such
as narcotics, firearms, explosives or mobile phones, while preserving the modesty and
intimacy of visitors.
84.
One of the functions of the Federal Prison Service is to undertake the prevention of
acts of torture, ill-treatment and institutional violence and to report any such acts occurring
in any of its prisons to the judicial authorities. To this end, cameras have been progressively
installed and are already operative in the main complexes and prisons as an in situ
prevention method guaranteeing the safety of persons and property, recognized in the
United Nations Guidelines for the prevention of delinquency. Additionally, a video
recording of searches must be made whenever there is a risk of abuse or violence, and all
recordings are made accessible to the judicial authorities.
85.
In such cases, it is established that prison staff cannot be defended by Federal Prison
Service counsel, as laid down in National Directorate Decision No. 2515 dated 12
December 2011 (Official Gazette No. 3023).
C.
Violence during incarceration
86.
The National Directorate of the Federal Prison Service reported that in order to
standardize the response of prison staff to critical situations and to prevent and minimize
possible damage, procedural protocols concerning action in the event of accidents, fires and
other hazards have been approved. A protocol for preventing and resolving violent
situations in prisons housing young adults was drawn up jointly by the Federal Prison
Service, the Office of the Ombudsman for the Prison System, the Chief Public Defender’s
Office, ministerial representatives, and NGOs such as the Centre for Legal and Social
Studies.
87.
In 2011 a working group was set up to administer and design comprehensive plans,
programmes, and policies for the promotion of the rights of persons deprived of their liberty
and for the prevention of torture and other cruel treatment or punishment. This group will
look at the routines used in federal prison facilities with a view to recommending the
adoption of other procedures that will help to strengthen the protection of inmates’ human
rights.
88.
The Chief Public Defender’s Office has established an office to record, systematize
and follow up on information regarding acts of torture and other forms of institutional
violence. It is this office’s responsibility to uncover acts of torture, other forms of
institutional violence and inhumane conditions in federal prison facilities and to take the
appropriate action in each case.
16
GE.14-40297
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