A/HRC/44/20
and that sanitation was precarious. The Ministry argued that the difficulties related to health
and clean water, among others, were related to the impact of sanctions.
57.
Despite efforts by the Ministry to expand health facilities in detention centres, access
to health care remained insufficient, with only two centres having permanent doctors, while
the rest relied mainly on nurses. Medicines and treatments are lacking, as are vehicles to
refer emergency cases to hospitals. The Ministry implemented programmes to provide
treatment to patients with chronic diseases, reporting malnutrition, hypertension and
tuberculosis among the main ailments. OHCHR also gathered allegations of cases of
scabies.
58.
OHCHR identified delays in judicial proceedings as one of the main challenges.
Causes for procedural delays were multiple, in particular a lack of transportation to bring
detainees to tribunals, a lack of timely issuance and reception of transfer orders from
tribunals, and absences of parties at hearings. A lack of access to interpretation services for
some foreign detainees was also observed, as well as limited access to appropriate legal
counsel by public defenders, which often led inmates to plead guilty in order to avoid
lengthy proceedings.
59.
The Ministry reported that 62 per cent (24,577) of its detainees had been indicted
and 38 per cent (15,146) had been convicted.33 OHCHR documented cases of inmates who
met the criteria to benefit from alternative measures to detention, including inmates over 70
years of age or qualifying for conditional release for health reasons, but who nonetheless
were remained in detention due to lack of response from the judicial system to requests for
the granting of benefits. To address these delays in the judicial system, the Ministry
reported that in 2019, through the Plan Cayapa, a total of 378,143 legal counselling actions
were undertaken. In addition, in the period 1 June 2019 to 31 May 2020, a total of 4,320
alternative measures to serving sentences were granted. In response to the COVID-19
pandemic, the Ministry granted more than 800 alternative measures to detention to ensure
the security and health of detainees.
60.
OHCHR identified additional, discriminatory challenges faced by women in
detention, including greater limitations in opportunities for family visits; restrictive access
to sanitation required to meet their gender-specific hygiene needs and sexual and
reproductive health care; fewer recreational activities; and fewer – and less-varied –
training activities.
61.
OHCHR documented a riot that occurred in the Cepello detention centre in Guanare,
Portuguesa State, on 1 May, during which 47 detainees were killed and 69 injured. The
Office of the Attorney General conducted a prompt investigation into the killings. On 13
May, it charged five members of the Bolivarian National Guard with deliberate murder and
abuse of power. It also charged four detainees who had internal control over the prison with
deliberate murder and arms trafficking, and the director of the centre with complicity in
introducing weapons. The Ministry for Penitentiary Services transferred all surviving
detainees to other centres and announced that it had regained control of the centre. As at 30
May, around 30 detainees with serious injuries were still waiting for surgical interventions,
pending the delivery of health equipment and materials to the local hospital. 34
62.
OHCHR regrets it did not have access to preventive detention centres administered
by the Ministry of Interior, State governments and municipal police. However, it received
information about overcrowding, with detention centres averaging above 315 per cent of
maximum capacity on a country-wide basis; high levels of violence; and lack of access to
food, water and health care.35
63.
In a penitentiary administered by the Ministry of Defence for military personnel,
OHCHR observed the presence of civilian detainees, undue judicial delays, a lack of
33
34
35
Ibid.
http://unaventanaalalibertad.org/alertas/portuguesa-30-sobrevivientes-de-la-masacre-del-cepellapadecen-sin-tratamientos-ni-cirugias/ (in Spanish).
http://unaventanaalalibertad.org/wp-content/uploads/2020/08/Informe-I-Semestre-2020-VERSIONFINAL.pdf (in Spanish).
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents