A/HRC/4/40/Add.3
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51.
In La Esperanza women’s prison, the delegation found 177 women, 147 of whom had
been charged with the use or sale of narcotics and psychotropic substances. Ten women were
being held for offences against property; two for sexual offences; and the remainder for breaches
of law and order, the illegal carrying of weapons and other offences. In all, 135 women were
serving sentences and 42 being held in pretrial custody. The women were housed in five
different cell blocks. Those who showed good conduct were allowed to work inside the prison.
The delegation noted a preponderance of women from the Caribbean coast in the prison.
52.
Act No. 473 of 2003, the Prison System and Enforcement of Sentences Act, regulates the
national prison system. This act is implemented by decree 16-2004 of March 2004. There are
eight penitentiary facilities centres in the national prison system. The delegation learned,
however, that there is no prison in Puerto Cabezas, capital of the autonomous region of Atlántico
Norte. In Bluefields, capital of the autonomous region of Atlántico Sur, the delegation visited
the only existing prison, which houses both men and women. Although these are held in
different cell-blocks, there is no separate prison for women.
Detention of minors
53.
Nicaragua ratified the Convention on the Rights of the Child in 1990. It is also a State
party to its additional protocols. In May 1988 the Children’s and Young Persons’ Code was
promulgated. Replacing the previous legislation on minors, which was of a tutelary nature, the
new legislation sets in place a special criminal system for the administration of juvenile criminal
justice. It also establishes the National Council for the Comprehensive Care and Protection of
Children and Young Persons (CONAPINA), which includes representatives of the Nicaraguan
Red Cross and of the private sector. The district juvenile courts operate 24 hours per day and
seven days per week in 13 departmental capitals.
54.
Under article 63 of the code, the Office of the Children’s and Young Persons’
Ombudsman was set up. In all the country’s major cities, there are one or two ombudsmen for
children and young persons. There are also procurators who specialize in this area.
55.
To incur criminal liability, an offender must be aged 13 and over. The legislation
establishes, however, that minors aged between 13 and 15 may not receive custodial sentences
and are subject instead to special protection measures. Minors aged between 16 and 18 make up
less than 1 per cent of the prison population.
56.
Minors may not remain in police detention for longer than the time required to verify
their identity and age and not longer than 24 hours. They must immediately be made available to
the special procurators for the purpose of initiating the necessary investigations. No minor may
be sentenced to a term of imprisonment longer than six years.
57.
A significant number of minors in detention are being held for offences related to the use
or sale of drugs. The situation is particularly serious in the autonomous regions. Many are also
held for involvement in the commission of property-related offences and misdemeanours, sexual
offences and domestic violence.
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