A/HRC/4/33
page 8
16.
With respect to fact-finding missions undertaken, the Special Rapporteur carried out a
visit to Paraguay from 22 to 29 November 2006, and draws attention to the preliminary note,
including his preliminary findings and recommendations, contained in addendum 4. He
expresses his gratitude to the Government for extending its full cooperation to him. Recognizing
that Paraguay has come a long way in overcoming the legacy of the military dictatorship under
General Stroessner, the Special Rapporteur was especially impressed by the efforts of the Truth
and Justice Commission to guarantee victims’ right to know about the gross and systematic
violations committed by the former regime, as well as its attempts to bring those responsible to
justice. He also welcomes the fact that the Government is among the first countries to have
ratified the Optional Protocol to the Convention against Torture.
17.
On the basis of a wide array of information, including meetings with government
officials and representatives of non-governmental organizations, on-site inspections of detention
facilities and interviews with detainees, the Special Rapporteur concludes that torture is still
widely practised in Paraguay, primarily during the first days of police custody as a means of
obtaining confessions. The situation of torture and ill-treatment in prisons, however, has
improved greatly in recent years, but the excessive use of isolation cells to punish detainees and
continuing allegations of beatings by prison guards were of concern to the Special Rapporteur.
With regard to the military, the Special Rapporteur received only a few allegations of beatings
and degrading treatment of conscripts, such as a form of hazing known as descuereo, which
involves forcing individuals to perform extreme types of exercise.
18.
In most of the prisons he visited he found overcrowding, convicted and remand prisoners
mixed together, and a high incidence of inter-prisoner violence owing to insufficient oversight
related to the high prisoner-to-guard ratio. The provision of adequate food and health care was
poor, as were opportunities for education, leisure and rehabilitation activities. Low salaries of
prison staff were found to be a contributing factor in the endemic corruption in the prison
system. The older facilities are especially deplorable as regards the conditions of cells, hygiene
and the provision of essential items, such as adequate clothing, food and bedding.
19.
In the view of the Special Rapporteur, the practice of torture and ill-treatment continues
in Paraguay because of impunity. Since the Criminal Code entered into force in 1999, there have
apparently been no convictions for torture and few prosecutions, if any. In his report on the visit,
the Special Rapporteur makes a number of recommendations to address these and other issues
and is assured by the Government that every effort will be made to implement them.
Upcoming missions
20.
The Special Rapporteur reports that his mission to Sri Lanka is expected to take place
from 27 January to 2 February 2007, and to Nigeria from 4 to 11 March. Other missions
for 2007 include Togo and Indonesia.
Pending requests
21.
The Special Rapporteur reports that dates are yet to be finalized for a mission to
Côte d’Ivoire, following the Government’s invitation, first requested in 2005, and received on
27 June 2005. Regarding a request first made in 2005, the delegation of Zimbabwe to the
fortieth session of the African Commission on Human and Peoples’ Rights, held in Banjul,
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