E/CN.4/1996/35/Add.2
page 10
received complaints on some specific aspects, such as the unhealthiness of
some areas or the fact that prisoners had to walk through corridors in the
men’s section to reach the visitor’s area.
33.
With regard to the Comunidad Tiempo Joven Detention Centre for Minors,
the Special Rapporteur was shocked at the conditions under which minors
assigned to punishment cells are kept. These cells are located in containers.
Minors may be kept in them for several days, on a judge’s order, in complete
isolation, without being able to practise any activity and without even being
allowed to communicate with the staff. In the opinion of the Special
Rapporteur, this measure is tantamount to cruel, inhuman or degrading
treatment, and should not be ordered. Furthermore, the containers should
be removed and replaced by a more humane punishment section.
B.
Arrest on suspicion
34.
Article 260 of the Code of Penal Procedure provides for "arrest on
suspicion". Under this provision, police officers are authorized to arrest
"anyone who is disguised or who in any way makes it difficult to ascertain
or conceals his true identity and refuses to identify himself", as well as
"anyone who is present at an unusual time or at a place or in circumstances
that give grounds to suspect malicious intent, should the explanation given by
that person for his or her conduct fail to dispel the suspicion". Article 270
requires the chief of police before whom persons arrested under such
circumstances are brought, to keep them under arrest or release them,
depending on the explanations they give of their conduct and the circumstances
that led to the arrest.
35.
According to the information received, the police frequently commit
abuses in the exercise of this authority. In working-class districts in
particular, they frequently arrest youths, whom they subject to ill-treatment
and release within 24 hours without at any point bringing them before a judge.
36.
The Special Rapporteur heard considerable criticism of the provisions of
article 260, which some people even described as anti-constitutional. A study
by the National Compensation and Reconciliation Agency asserts that they "give
rise to a whole range of powers, the use of which lies at the discretion of
police officers. Thus, police officers are not obliged to arrest persons in
such circumstances, but merely ’authorized to arrest them’. This provision
clearly goes beyond the framework set by the Constitution, which is
restrictive in so far as it stipulates that the police may arrest a person
only by virtue of an order from a competent authority or in a case of
flagrante delicto". 7/
37.
The Ministry of the Interior informed the Special Rapporteur that the
Government would shortly propose a bill to Parliament relating to arrests on
suspicion. The bill provides, inter alia, for the addition of a new paragraph
to article 260, applicable to the circumstances described above and
establishing that: "If a person is not in possession of a document whereby
his identity may be ascertained, he may be taken by the police officer to a
police station, for the sole purpose of confirming his identity. This must be
done as rapidly and expeditiously as possible, and care must be taken at all
times to ensure that the person in question is not held with persons under