A/HRC/4/40/Add.3
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72.
Another positive consequence is that most of those held in detention are convicted
persons serving their sentences. Fewer than 18 per cent of the country’s prison population,
numbering 5,758 inmates at the time of the delegation’s visit, were being held in pretrial
custody. This situation contrasts favourably with that observed in most other Latin American
countries, where the number of persons in pretrial custody is often far higher than the number
serving sentences. This positive trend appears to have been further encouraged by interinstitutional efforts over the past five years, which have also involved non-governmental
organizations.
73.
There is currently a clear perception among the public that the courts are now transparent.
The fact that they are both open and public enables parties to proceedings freely to express their
views and to perform their functions without impediment.
C. Efforts undertaken relating to the detention of minors
74.
Thanks to ratification of the Convention on the Rights of the Child and promulgation of
the Children’s and Young Person’s Code, the situation regarding minors in conflict with the law
has been considerably improved. The delegation heard favourable comments about the
preventive work being conducted by the police in marginal urban communities. They also heard
positive comments about the social and recreational programmes being conducted, such as the
good citizenship and civil safety programme, which are designed to prevent juvenile violence.
Unlike some of its neighbours, Nicaragua does not have the problem of criminal teenage gangs.
75.
The new legislation stipulates that the problem of juvenile delinquency must be tackled
through restorative justice programmes. In addition to the special judges and procurators, public
defenders are also involved in appraising juvenile offenders.
76.
The delegation visited the special juvenile detention centre set up in the premises of
Tipitapa prison headquarters, and known as “Gallery 7”. Despite certain shortcomings in the
institution’s physical amenities, such as the water supply and leaking windows which sometimes
let in rain, the juvenile inmates are generally well looked after and kept busy with educational
and recreational activities. During its visit to the Estelí prison, the delegation found nine minors
housed in a cell-block separate from that of the adults. They also found teenage girls in
La Esperanza prison. The delegation was told that some minors are also held in detention in the
towns of Chinandega, Chontales and Masaya. The State allocates 10 cordobas (approximately
60 United States cents) per day to cover the needs of a minor in detention, an amount which is
clearly inadequate. Efforts are being made, however, to provide psychological support,
vocational guidance and educational and recreational programmes for minors.
IV. AREAS OF CONCERN
A. Failure to comply with procedural conditions and deadlines
for detention stipulated in the Code of Criminal Procedure
77.
Although the introduction of the new Code of Criminal Procedure has been successful,
the delegation notes its concern that, on occasion, detainees are not brought before a judge for a
preliminary hearing within a period of 48 hours, as stipulated by both the Constitution and the
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