CAT/OP/CRI/ROSP/1
The Subcommittee observed a noticeable reluctance to speak about ill-treatment for fear of
reprisals.
42.
Allegations of ill-treatment were more common in the San Rafael special prison ward
(formerly the “maximum security” ward of the Jorge Arturo Montero Castro closed
rehabilitation centre), which housed high-risk prisoners. According to the information
received, if a prisoner knocked on the door to make a request, prison guards arrived with
wooden sticks and protective gear (these were found in the guards’ office) in order to search
the cell block yards for the prisoner in question; once located, the prisoner was beaten by
several guards with sticks. After the beating, the prisoner was locked up and might spend
hours in the sun or an entire night exposed to the elements. One prisoner indicated that during
one such beating, the bridge of his nose and his clavicle had been broken. (His broken clavicle
was visible to the naked eye and he provided an X-ray as proof of his fractured nose.)
43.
The Subcommittee is also concerned at allegations by women prosecuted for crimes
against minors that they were beaten by the other prisoners, with the acquiescence of prison
personnel, upon arriving at the cell block.
44.
The Subcommittee urges the State party to introduce a system for effectively
filing and investigating complaints of acts of torture and ill-treatment and to offer
training to personnel working at places of detention, including instruction concerning
the importance of upholding the rights of persons deprived of their liberty. The
Subcommittee also recommends that the Public Prosecution Service visit prisons
periodically in order to receive complaints from persons deprived of their liberty, while
observing all the relevant safeguards.
Overcrowding
45.
At the time of the Subcommittee’s visit, the country had a prison population of 15,547,
with significant overcrowding; it also had one of the highest incarceration rates in Latin
America. Those rates, combined with inadequate prison infrastructure, have led to severe
overcrowding in certain prisons.
46.
The Subcommittee was informed that the Ministry of Justice and Peace was
developing a new method for determining prison capacity. The method would be used to
establish reliable overcrowding indices and a baseline for new prisons.
47.
The Subcommittee recommends that the new method be developed in line with
relevant international standards, including those that set a minimum size for prisons
based on the projected size of the prison population in that facility. The Subcommittee
further recommends that public policies designed to reduce overcrowding should not
focus exclusively on the construction of new prisons, but should also include new penal
policies that emphasize the granting of prisoner credits and non-custodial alternatives
as a priority.
48.
In several of the prisons visited, the Subcommittee found living conditions that
amounted to inhuman and degrading treatment. The space in which the prisoners moved
about in the dormitories was covered by mattresses. There were also mattresses under the
beds (a space that was about 30 cm high) and in the bathroom, where they were in contact
with water. In some cell blocks, there were beds sitting atop the toilets.
49.
Overcrowding, degrading in itself, produces collateral effects, such as the spread of
communicable diseases, poor hygiene and violence both among persons deprived of their
liberty and on the part of prison personnel. Moreover, overcrowding creates an environment
conducive to corruption.
50.
Because there is no space to dry clothes, persons deprived of their liberty hang their
clothes from the ceiling, creating a serious fire hazard. Makeshift electrical installations and
unsafe wiring add to this risk.
51.
The Subcommittee urges the State party to promptly adopt the necessary
measures to address the health risks associated with overcrowding. It also urges the
State party to have the dangerous wiring found in a few prisons removed in order to
reduce the risk of fire. The Subcommittee urges the State party to redouble its efforts
GE.21-00153
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