Original: Spanish inter-american commission on human rights
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, December 5, 2014, annexed.
714 According to this statement: the inspection that families of persons deprived of liberty go through is such that elderly women suffering from arthritis are made to take off their underwear and squat 10 times. This exercise is mandatory for all family members wishing to visit a person deprived of liberty, regardless of age or sex, thus amounting to inhuman treatment of family members […]. Family members are not allowed physical contact with persons deprived of liberty, they may only hug or shake hands, and are only allowed to stay for 10 minutes, even to eat food that families take to prisoners. Persons deprived of liberty have limited physical contact with their children during visits. MNP-CONAPREV communications: Tortura en el Segundo Batallón de Infantería, April 14, 2015. 715 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II, adopted on December 31, 2011, para. 591. 716 Homicide (without probable cause), murder, parricide, rape, human trafficking, child pornography, abduction, falsification of coin and bank notes, vehicle theft, assassination of head of state, genocide, criminal association, extortion, crimes related to war weapons, terrorism, contraband (in specific cases), tax fraud (in specific cases), crimes related to illicit drug and narcotic trafficking, money laundering, malfeasance, and femicide. 717 IACHR, Report on the Use of Pretrial Detention in the Americas, OEA/Ser.L/V/II. Doc. 46/13, adopted on December 30, 2013, para. 21. 718 I/A Court HR. Case of Suárez Rosero v. Ecuador. Judgment of November 12, 1997. Series C No. 35, par. 98; I/A Court HR. Case of Acosta Calderón v. Ecuador. Judgment of June 24, 2005. Series C No. 129, para. 135; I/A Court HR. Case of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, par. 81. As in the Inter-American system, the European Court considers that “Any system of mandatory detention on remand is per se incompatible with Article 5 § 3 of the Convention.” ECHR. Case of Ilijkov v. Bulgaria (Application No. 33977/96), Judgment of July 26, 2001 (Fourth Section of the Court), para. 84. 719 IACHR, Report on the Use of Pretrial Detention in the Americas, OEA/Ser.L/V/II. Doc.46/13, adopted on December 30, 2013, para. 137. 720 I/A Court HR. Case of Pacheco Teruel et al. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012 Series C No. 241, paras. 61, 101-103, and 143. 721 Supervisory Courts, Diagnóstico sobre la situación de niños y niñas en centros de menores, August 2014. 722 Published in Official Gazette No. 33,675, dated March 6, 2015. 723 Published in Official Gazette No. 33,834, dated September 14, 2015. 724 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 725 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 726 I/A Court HR. Case of the “Juvenile Reeducation Institute” v. Paraguay. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of September 2, 2004. Series C No. 112, para. 160. 727 The State, in its response to the draft of this report, indicated that each educational complex has been staffed with multidisciplinary teams made up of personnel in the areas of psychology, social work, and medicine and nursing, as well as legal representatives who work in coordination with staff from the Special Criminal Justice area of DINAF to provide supervision and support throughout the development of criminal case at every stage contemplated in the Code on Children and Adolescents. They also handle requests for review of penalties to seek to reduce punishment. The State indicates that this has made it possible to keep the children who are deprived of liberty informed about their legal status and the completion of the measure or penalty imposed by the relevant court, which helps to reduce overcrowding in the educational complexes. According to the information received, the Report on the Situation at Centers for Adolescent Offenders, generated by the Secretariat of Development and Social Inclusion, as of November 2015 the efforts carried out have made it possible to provide broader coverage of urgent health care (quality and caring services) for the population of offenders, as well as coordinate with the Healthy Schools Program and with hospitals in the respective regions to send them cases that require special attention, including for oral health. To date, an average of 1,228 health appointments were registered in the five educational complexes for the population of 381 adolescents, for an average of three medical consultations per month for each adolescent offender deprived of liberty.In the area of reeducation and rehabilitation, the Technical Advisory Committee has begun implementation in the five educational centers of the “I Am the Change” strategy, “in order to improve the quality of services and guarantee adequate living conditions based on the restitution of rights, through the execution of strategies designed to respond to the needs that afflict adolescent and youth offenders, with primary emphasis on the creation of opportunities for the development of technical, educational, and social skills so that adolescents can develop resilient behavior that enables them to truly reintegrate into society.” Similarly, with the support of the United Nations Children’s Fund (UNICEF-Honduras), the State reported that the second phase has begun for the training of technical teams at the educational complexes, including guidance counselors, as part of the Amigonian methodology of reeducation and reintegration spearheaded by the Order of the Capuchin Tertiary Friars of Our Lady of Sorrows. The aim is to provide methodological tools for a technical-professional approach to the population of offenders, in line with their needs and circumstances. Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 728 UN, Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/28/68, 5 March 2015, pars. 63, 76-78. 729 Communication from the State of Honduras, Note No. SG/064/MHOEA/2015, Observations of the State of Honduras to the 2015 Draft Report on Honduras of the Inter-American Commission on Human Rights, December 14, 2015. 730 Published in the Gaceta Oficial (No. 33,222) on September 6, 2013. 731 Supreme Court of Justice, General Secretariat, Official Letter No. 900-SCSJ-2014 (Circular No. 06), of June 14, 2014, informing of the Act Agreed on May 28, 2014; Supreme Court of Justice, General Secretariat, Official Letter No. 1562-SCSJ-2014 (Circular No. 10), of October 3, 2014. 732 In this regard, the Commission agrees with the view of the UN Rapporteur on Torture that: “[The] regular and independent monitoring of places where children are deprived of their liberty is a key factor in preventing torture and other forms of ill-treatment. Monitoring should be conducted by an independent body, such as a visiting committee, a judge, the children’s ombudsman or the national preventive mechanisms with authority to receive and act on complaints and to assess whether establishments are operating in accordance with the requirements of national and international standards”. UN Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/28/68, March 5, 2015, para. 83. 733 IACHR, Report of the Inter-American Commission on Human Rights on the Situation of Persons Deprived of Liberty in Honduras, OEA/Ser.L/V/II.147, adopted on March 18, 2013, para. 144. 734 UN, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. Adopted by General Assembly resolution 60/147 of 16 December 2005. 735 National Coordinator of Supervising Judges, Additional information submitted to the IACHR by communication of May 4, 2015. This is allegedly the country’s only prison facility where psychiatric services are available. Directory: iachr -> reports -> pdfs iachr -> Annual report of the office of the special rapporteur for freedom of expression iachr -> Admissibility iachr -> Report on the merits iachr -> Triunfo de la cruz iachr -> Chapter IV. A the use of force introduction iachr -> Inter-american commission on human rights Download 1.99 Mb. Share with your friends:
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