A/HRC/13/39/Add.2
was put in another cell because the guards knew of the Special Rapporteur’s visit. The
guards were not allowed to use those cells as punishment cells, although they did. He also
reported that there were detainees who were locked up all the time; they were not allowed
to go out and were only given a few minutes to shower. Sometimes the guards did not even
allow them to shower, claiming that they were following their superiors’ orders. He noted
that because he had been punished for 122 days, he should be transferred to another
module. He was in isolation, and when he was transferred to Module 2, he was stabbed and
taken to the punishment cells in Module 13. He was also taken to “los ascensores” (the
elevators), where the chief guard threatened to transfer him to Libertad. He spent 120 days
without receiving any visitors or packages. During that time, he painted a message on the
wall for his daughter: “I love you, my angel”. He added that another punishment in this
prison was being transferred to a worse module. He complained about the frequent use of
crack, which was brought into the prison by the guards. He concluded by saying that there
was discriminatory treatment in the prison. He was HIV positive, but did not receive
adequate food.
138. Lorenzo Troche Spinelli, aged 58. had been violently attacked a year earlier by
other inmates; he did not receive a full medical examination. A month later the doctor
diagnosed a fracture of the left hip. He did not know the specific reasons why he did not
receive orthopaedic treatment. He could not walk and he was not given a date for an
operation.
139. The forensic expert of the Special Rapporteur’s team concluded that the detainee
had suffered a fracture of the left hip, with severe atrophy of the left leg. This fracture had
to be treated by orthopaedic surgery, probably with replacement of the hip with a metal
prosthesis.
140. Umberto Castagnol Rodriguez, aged 52, was transferred to COMCAR one week
before the visit. He had been treated well and had no problems in the police station, during
the transfer or upon his arrival at COMCAR. He was detained in Module 1 for his own
safety and stayed voluntarily in the cell. When he was being transferred, he was in the van
with 14 or 15 other detainees who were strip-searched, but not cavity searched, at Portón
22. The whole procedure was very peaceful and he did not report any problems.
141. A male detainee had been injured (stabbed in his arm) by other detainees just a few
hours before the visit of the Special Rapporteur. He had returned from the prison hospital
and was about to be taken back to his cell. However, the other detainees threatened to kill
him. He said that he was with three other prisoners in a cell. They got along with each other
well; however, there was a lot of inter-prisoner violence in general. The cells were
equipped with a heating system since the temperatures in winter were low. They were
allowed to go to the courtyard in the mornings and in the afternoons. Visiting hours were
four times a week. He received visits regularly. He reported that the food they received was
inedible. He also said that treatment by the guards was more or less acceptable. However,
sometimes they would beat up the prisoners, in some cases as a punishment, in others
without any reason. Other disciplinary measures were reduction of visiting hours and
imprisonment in isolation cells (calabozos) in Module 6/13.
142. Luis Carlos Ledezma Castillo, aged 25, was serving a prison sentence of 6 1/2
years. There were 12 months left until his release. He was caught in Modulo 3 on 25 March
at midnight drinking alcohol with other prisoners. He was reportedly taken out of his cell
and put in the corridor where he was beaten all over his body by several guards with
truncheons. He was then taken to the entrance hall of Modulo 3, where 12–15 guards
continued to beat him. After that he was taken to the “boxes” in Module 6/13. He was told
that as a further punishment he would be transferred to Libertad. He said had he was afraid
to be transferred there because he had already received death threats from detainees at
Libertad because of neighbourhood gang problems.
GE.09-17655
49
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