A/HRC/40/59/Add.2
well-being, downgrades detention conditions to a level that can only be regarded as cruel,
inhuman and degrading, and creates tensions and practices conducive to an escalation in
violence. The lack of an effective system for reporting and investigating corruption and
abuse, combined with fear of reprisal in the case of complaints, has created a situation in
which persons deprived of their liberty, even if not directly affected, live in a state of constant
fear.
66.
The Special Rapporteur also received numerous complaints from inmates and civil
society monitors about inter-prisoner violence. The forensic expert accompanying the Special
Rapporteur was able to examine several male and female inmates and to confirm severe
wounds caused by inter-prisoner violence involving physical assaults, knife attacks and, in
some cases, sexual violence.
67.
No effective measures seem to be taken by the authorities to prevent, investigate or
punish prisoner-on-prisoner violence; furthermore, protective measures for the benefit of
vulnerable individuals, such as transfers to different pavilions or cells, are very rarely taken.
More generally, inmates visited by the Special Rapporteur were rarely segregated according
to age and seriousness of the crime, or according to whether they were pretrial detainees or
convicted prisoners.
VII. Juveniles in detention
68.
The Special Rapporteur visited the Almafuerte institution in the Province of Buenos
Aires and the Esperanza complex in the Province of Córdoba. Places of detention for children
and adolescents are described as “reception centres” or “closed centres”, although their
architecture and functioning largely resemble those of a penal complex for adults.
69.
The Special Rapporteur notes with concern that pretrial detention is extensively used
even for children and adolescents, and that summary procedures, which must be used on an
exceptional basis only, are commonly applied in trials involving juveniles. Interviewed
juveniles often stated that they had been misinformed, intimidated or coerced into signing
confessions without trial, and that they had not been informed about the implications of that
procedure or of their right to consult a public defender before taking that decision.
70.
The Special Rapporteur interviewed some juveniles who had originally been charged
under the legal regime applicable to minors, then transferred to penitentiary units once they
had reached the age of 18 years, which had resulted in a clear worsening of their conditions.
71.
One of the central problems of the juvenile penal system appears to be the growing
trend towards systematic arrest and confinement of suspected offenders even below the age
of criminal responsibility, needlessly exposing them to an environment marked by violence
and abuse. For instance, during his visit to the Esperanza complex, the Special Rapporteur
encountered a detainee aged 13 years who alleged that he had been repeatedly physically
abused and tied to his bed for periods of several days. In Almafuerte, the Special Rapporteur
interviewed an inmate aged 14 years who had arrived from a different institution the previous
night. His best friend had been stabbed to death there and it was deemed safer for him to be
moved.
72.
Overall the Special Rapporteur observed a regime of confinement that appeared to be
unnecessarily secured, if not oppressive, and poorly adapted to the specific needs of juvenile
inmates, with very limited access to outdoor activities and only selective access to schooling
for two or three hours a day, although reportedly not every day. In the Esperanza complex,
several inmates complained that they were not being allowed access to school at all and had
to spend most of their time doing virtually nothing.
73.
According to juvenile inmates, sanctions are allegedly frequently imposed, both
individually and collectively, at the discretion of institution staff. The Special Rapporteur is
particularly alarmed at the disciplinary punishment allegedly being used in the Esperanza
complex, where several inmates reported having had their hands and feet tied to their beds,
in complete isolation, sometimes for several consecutive days. The Special Rapporteur also
received allegations of sexual abuse among inmates without appropriate intervention by the
staff.
13
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