treatment.
35.In addition, information supplied to the Subcommittee indicates that, at the time of this writing, there were 112 public defenders
who dealt with criminal cases and 272 criminal court judges, whereas there were over 300 public prosecutors assigned to criminal
cases (including deputy prosecutors). Having a suitable ratio between public defenders and the prosecutors and judges assigned to
the various types of courts within the justice system (e.g., one defence counsel for every two prosecutors, plus one defence counsel
for each court in which oral proceedings are held, plus those needed to handle the appeals workload and the sentence enforcement
stage of proceedings), in conjunction with an administrative support system and staffing table that are also commensurate with those
of the Office of the Public Prosecutor and the courts, is essential in order to ensure the necessary equality of arms.
36.In 2009, public defence counsel in Paraguay handled 27,654 criminal cases, which was almost twice as much as the caseload in
2002. Public defenders are also called upon to take on the cases of most of the persons being held in pretrial detention. The
Subcommittee was informed, for example, that the cases of 70 per cent of the prison population in Tacumbú National Prison were
being handled by public defenders. At the time of the visit, however, 53 of the slightly more than 100 posts in the Office of the Public
Defender, which handles cases in both adult and youth courts, were vacant. The public defence apparatus in Paraguay is weak and
overextended and is not in a position to guarantee a proper or effective defence.
37.The Subcommittee has been informed that a draft organization act for the Office of the Public Defender was submitted to the
Chamber of Deputies in November 2008. Information posted on the legislature’s web page indicates that the bill was rejected by two
committees and that no further action in that connection has been taken since August 2009.
38.The Subcommittee underscores the importance of providing professional legal defence services free of charge as a
means of helping to prevent torture and ill-treatment and of ensuring genuine equality of arms in respect of the Office of
the Public Defender and the Office of the Public Prosecutor. The Subcommittee also wishes to emphasize that the Office
of the Public Defender must be operationally independent and must have its own budget in order to perform its work
effectively. The Subcommittee recommends that the State party, and the legislature in particular, take steps to secure
passage of the existing bill or of another bill that will ensure this institution’s operational, administrative and budgetary
autonomy.
39.Office of the Public Prosecutor. In its earlier report, the Subcommittee expressed its concern about the fact that, between the
years 2000 and 2008, only 1 out of the 230 cases relating to the offence of torture had resulted in a conviction. Organization Act No.
1562/2000 (art. 24) notwithstanding, the Prosecutor’s Office has told the Subcommittee that it does not have powers of supervision
that would permit it to check on the physical condition of accused persons or conditions in places of detention. The Subcommittee’s
representatives would have liked to have the opportunity to meet with the Attorney-General during their follow-up visit to discuss this
and other matters, such as the duties of the Human Rights Directorate of the Office of the Public Prosecutor. However, although they
arrived at the time of their appointment with him and waited for over 45 minutes, the Attorney-General did not receive the members
of the delegation, who ultimately had to leave in order to keep their scheduled appointments with other persons. The Subcommittee
finds this situation regrettable, as it has prevented the Subcommittee from formulating additional recommendations for this key
institutional actor in the prevention of torture and ill-treatment.
C.Situation of persons deprived of their liberty
1.National police stations
40.The Subcommittee’s representatives returned to three of the police stations that the delegation had gone to see during the first
regular visit: Station No. 3 in Asunción, Station No. 5 in Asunción and Station No. 1 in San Lorenzo. During these visits, the
Subcommittee’s representatives examined the registers of detainees and spoke with police commanders and officers at these stations
and with persons being held in custody.
41.With respect to Station No. 1 in San Lorenzo, the Subcommittee regrets to report, as was also the case during its
earlier visit, that the station commander was uncooperative. On this occasion, he interrupted interviews of detainees in a
very aggressive manner and made it necessary to suspend the visit temporarily. This incident was swiftly resolved
thanks to the intervention of the Ministry of the Interior. The Subcommittee informed local authorities about what had
happened so that the State party could take the necessary action. The Subcommittee recommends that the State party
take the necessary steps to ensure that incidents of this sort do not occur in future and asks that it be kept abreast of the
outcome of the measures adopted in this connection.
42.It became evident to the Subcommittee’s representatives that progress had not been made in the areas covered by the
Subcommittee’s recommendations. The information gathered during the interviews clearly pointed to the continued violation of the
rights of detainees which serve as safeguards against torture and other ill-treatment (e.g., access to a physician and notification of a
family member or other person close to the detainee). Regrettably, the Subcommittee once again received credible, detailed reports
of torture and ill-treatment at the hands of police personnel.
43.Arrest records. Based on the information gathered during the follow-up visit, the Subcommittee regrets to note, once again, that
no substantial improvement has been made in the system for registering detainees. The system remains unsatisfactory, since it does
not permit proper monitoring of the arrival and departure of detainees or of procedural guarantees.
44.The “events log” continues to be the preferred form of record-keeping, although the delegation of the Subcommittee noted that, at
the time of the visit, one of the police stations was using a “registry of detainees”, which included information on the date and time of
detainees’ entry. On one occasion, a detainee was identified whose entry and departure had not been recorded, and there was thus
no evidence that he had been at the police station. Because of the vulnerable position in which detainees are placed under such