COMMITTEE AGAINST TORTURE HEARS RESPONSE OF PARAGUAY

The Committee against Torture this afternoon heard the response of Paraguay to questions raised by Committee Experts on the combined fourth to sixth periodic reports of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Responding to a series of questions raised by the Committee members on Thursday, 3 November, the delegation, led by Federico Gonzalez, Permanent Representative of Paraguay to the United Nations Office at Geneva, referred to a legislative initiative to amend articles of the Penal Code and harmonize the crimes of torture and enforced disappearances with international standards. Mr. Gonzalez stressed the measures taken to prevent violence against women and trafficking of persons, which included the decentralization of public services for women and children and new legislation on domestic violence. He talked about action taken to improve the rights of detainees, and update legislation on the military code, police investigations and child soldiers. A National Committee against Torture was being established, and efforts were being made to train officials on issues surrounding torture, criminal investigations and human rights in general.

The Committee will submit its conclusions and recommendations on the report of Paraguay at the end of the session on Friday, 25 November, 2011.

The delegation from Paraguay included representatives from the Criminal Justice Department, the Human Rights and International Humanitarian Law Department of the Ministry of Defence, the Supreme Court of Justice, the Human Rights Department of the Ministry of the Interior and the Permanent Mission of Paraguay to the United Nations Office at Geneva.

The Committee will next meet at 10 a.m. on Tuesday, 8 November when it will begin consideration of the combined third and fourth periodic reports of Sri Lanka (CAT/C/LKA/3-4).

Response from the Delegation

FEDERICO GONZALEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, first referred to a legislative initiative to amend articles of the Penal Code and to harmonize the crimes of torture and enforced disappearances with international standards. Last week the Chamber of Senators approved the initiative, and the legislation should be approved following other formalities. Mr. Gonzalez stressed the measures taken to prevent violence against women and trafficking of persons, which included the decentralization of public services for women and children, construction of an information system between public institutions providing services and provision of a gender perspective in the national budget to assess the impact funds made on the lives of women and children.

Work done by the Women’s Department resulted in family violence being made a crime, with a two year prison sentence, or fine. A secretariat for gender had been established in the Government to work with all bodies, and the institutional budget for women’s issues had been increased by 300 per cent, and a statistics-gathering system which could share data with all Government departments had been installed. Furthermore another Government body had been founded, the Institution for the Eradication of Violence against Women, which was made up of persons from different Government institutions and worked for women’s rights, in particular reformulating public policy and legislation. Centres for women victims of trafficking or violence had been set up, and seven police stations had been given specialist facilities for women. The Centre for Gender-Based Violence, based in the capital city, cared for 538 women last year, most of whom were victims of physical, psychological and sexual violence and economic circumstances. The victims’ ranged in age from 16 to 89.

The health and welfare ministries had implemented the National Plan for Victims of Gender-Based Violence, which included hospital-based and medical procedures, staff training and protocols that sought to institutionalise procedures for helping victims. The first shelter for women victims of violence received 50 women, accompanied by their children. Services included temporary housing, psychological, medical and legal support, education for the children, and re-training for the women.

A document called National Policies to Prevent and Fight against People Trafficking had been sent to the Presidency of Paraguay for adoption. A shelter to house victims of trafficking had been opened, where holistic care was provided from a psychologist, a doctor and a lawyer. To date 90 female victims of trafficking had been helped, of whom 30 per cent were minors. In December 2009, a draft bill on trafficking was formulated in accordance with United Nations agencies and under the Palermo Protocol; the bill had been sent to parliament for consideration.

Between 2009 and 2010 there were complaints of gender-based violence from 378 men and 3,000 women. The accompanying statistics showed their age, location, civil status and other details. The types of violence included physical and psychological violence.

In Paraguay, a person was deemed to be innocent until proven guilty. Detainees had the right to choose a lawyer. If they did not have economic means to do so they would be given a lawyer, via the police station panel. Detainees also had a right to choose whether to make a statement or not, they could not be forced to make a statement. If a person was forced to make a statement the Ministry of Justice must be alerted within 24 hours. The statement may be recorded.

Concerning preventative detention, the incarceration process had been reformed, and the maximum time a person could be incarcerated prior to being sentenced was two years. Preventative detention was usually used when it was feared that the suspect may abscond.

A member of the delegation spoke about the armed forces of Paraguay, and said there was an ongoing overhaul of military legislation, with the help of a Commission established in June 2011. The definition of military personnel was ‘civilians in uniform’. They had rights, but also duties as military staff, such as the duty to serve, and to be obedient to their senior staff. The laws to be reviewed were laws relating to military tribunals or court marshals, a basic underlying law on the military, the military penal code law, and on military procedures in times of peace and war, all of which were originally implemented in 1980, so they had been in force for 30 years. The Commission had held working sessions on the reform, and had already drafted preliminary replacement laws. For instance the 1980 laws contained the death penalty, which had since been abolished in Paraguay, so that was removed, and the draft military law now contained a crime of homicide.

With respect to the child soldiers who had died, Paraguay had an obligation to provide compensation to families, and had paid financial reparation to parents. Paraguay officially recognized its fault, and in October this year publically apologised about child soldiers at an event attended by the mothers of all children who had died. The State has decided to place remembrance markers where child soldiers fell and name streets in the cities after them.

The problem of street children was being tackled, and the authorities were attempting to help the children leave the streets and be reunited with their families on a voluntary basis. There was a transit home where children could spend the day, and even the night, and there were also hostels. A National Commission for the Eradication of Child Labour implemented programmes such as a 2009 one called ‘Hugs’ which aimed to reduce child labour and street children. In 2010/2011 3,700 girls and boys were cared for.

The state of emergency was declared because of the existence of a criminal group which had conducted serious crimes such as abductions, killings, and attacks on police stations. The state of emergency was declared after a surprise attack by that group on a police station, resulting in two policemen being killed. The state of emergency meant that persons could be arrested without a warrant, persons could be detained for longer and demonstrations could be prevented, but only with a special permission from the Government. Force had been used against public groups, but most often it was groups of football supporters after football matches. However, recently a policeman was sanctioned and suspended after inappropriate behaviour at a public demonstration.

A division of the police force monitored private security firms, and their modes of operation and carrying of firearms was strictly regulated. Specifically, with regards to the carrying of weapons by private security personnel, the minimum age was 22 to carry a firearm, and only pistols and rifles were permitted.

A National Committee against Torture was being established, and currently took the form of an ad hoc commission, made up of members of political and civil society. It had already met with parliament to discuss the proposed budget for the National Committee. Paraguay believed that the investigation of cases of torture was a serious pending issue. The definition of torture as a crime on the statute book was a significant mechanism to ensure victims were compensated.

There were no restrictions on visits by ombudsmen to monitor detention facilities in police stations. A number of inter-institutional members also monitored detention facilities, but focused more on prisons. Members of UNICEF and civil society also monitored juvenile detention centres.

Paraguay abided by the requirement, under the Vienna Convention, to provide consular assistance to foreign nationals. If the effective person was in agreement the article applied, and judges across Paraguay were instructed to communicate cases of detained foreigners to the relevant consulate. Paraguay recognized the importance of that right, especially as very sadly a Paraguay citizen detained in the United States was denied consular assistance, and ended up being executed by the United States authorities.

There had been several programmes and plans to solve problems faced by the indigenous communities of Paraguay. For example funds given to indigenous persons to buy land had been increased from $ 4 million to $ 22 million.

There were shortcomings with respect to National Tribunals, and the 2011-2015 Action Plan of the Judiciary aimed to disseminate human rights and to enshrine it in the policies, applications and decrees. A capacity-building centre for the judiciary and magistrates, which would foster human rights, was planned and training programmes for judges were to be revised.

Child pornography had been detected in the prison of Tacumbo, and had allegedly been filmed there. A lengthy investigation led to several complaints being put to the judges, some of which had been settled. One claim put forward by the former prison director was rejected by the judge, although that had been appealed and it was hoped he would stand public trial. Violations committed by some of the prison authorities in that prison, and in women’s’ prisons, were the subject of an ongoing enquiry.

Follow-Up Questions by Committee Experts

FERNANDO MARINO MENENDEZ, Committee Expert who served as Rapporteur for the report of Paraguay, said that Paraguay was indeed making efforts to review its legislation and amend it in the right direction, and was making great progress. He thanked Paraguay for an exhaustive and informative presentation. Coming back to the issue of questioning suspects, however, Mr. Marino Menendez asked why virtually no statements made by suspects were in the presence of a lawyer.

The situation of some indigenous peoples was of considerable concern, as those people were practically subjected to servitude, and their situation had drawn considerable public interest. What was the Government doing for them?

Mr. Marino Menendez asked about the arms registry, which he believed the police were in charge of and came under the military equipment section. In fact what was referred to were weapons held by the military. Was there a registry of arms held by regular persons, and was there a registry of arms held by the police?

An Expert thanked the delegation for their precise replies and clear will to collaborate and discuss issues with the Committee. She appreciated the information on the programme to eradicate violence against women and children, the shelters, and the police action, which was all of high significance.

What was being done to stop everyday corruption in prisons? Were there statistics on persons held in isolation, which could be analyzed to see if there was a pattern to the way detention in isolation was used?

An Expert said he feared the Committee’s questions asking for more information on prison conditions had been forgotten, and asked again about the number of wardens in each prison, their salary, training (including in human rights issues), the conditions of cells and solitary confinement, whether there were military or civilian high-security prisons, and how they were operated. How were prisoners transferred between prisons? Information received by the Committee stated that conditions in prisons in Paraguay were deplorable, so the Committee requested up-to-date information on any measures taken to improve prisons, and prisoners’ access to medical facilities and doctors.

An Expert asked the delegation to confirm whether the maximum sentence of two years for domestic violence cases also applied to marital rape – was the maximum sentence for rape two years?

Response by the Delegation

A member of the delegation said that over 5,000 posters had been put up in visible places and police stations informing detainees of their rights.

Addressing the concerns of a number of Committee members, the delegation said a detainee must be brought before the Ministry of Justice or a judge within 24 hours. However, it must be admitted that there had been cases in which preventative measures had been implemented in police stations, and that was not in tune with the spirit of Paraguay’s law.

The National Police Force had made progress on accounting for all arms, although the issue was overdue. Regulatory weapons were provided to recent graduates of police academies; 2,961 regulatory weapons had been provided to the police force overall and all were registered with the National Defence Ministry. An additional 8,000 weapons belonged to police, and a new statute required all police to register their weapons, whether they were given to them by the authorities or bought privately.

There were flaws with the time elapsed at point of detention and the provision of a legal aid lawyer, a delegate said. There was a paradox because the defence was convened as soon as a person was detained, to represent the interests of a detainee, and was re-convened when that person was transferred from one police station to another. Habeas Corpus did exist in Paraguay, and requests of Habeas Corpus were guaranteed in recent years; in 2010, 110 applicants for Habeas Corpus were granted.

Regarding prison overcrowding, there were currently around 7,247 persons detained in Paraguay, and the prisons were short of 1,500 places. It was important that prisoners maintained family and home links, so they were usually placed in prisons near their home. Various types of sanctions were provided for by law, although that law was somewhat outdated. There were plans to reform the penitentiary system, and it was hoped to make it a priority. All penitentiaries must hold registers which held basic data; and any incidents in prisons must be recorded and reported. Prisoners may be punished with sanctions such as suspension of privileges, detention in isolation or transfer to another prison. Family visits were provided for, but conditions were more demanding in women’s prisons, as visits were not allowed from persons of the same gender. That was something that should be looked at. The age of criminal liability was 14 in Paraguay. There were now specialized juvenile courts with specialized juvenile laws. However the Public Prosecutor’s Office still did not have a specialized juvenile division.

The Military Criminal Law, which superseded the former Military Code, would no longer contain the death penalty, reflecting the abolition of capital punishment in 1992. Children were explicitly prohibited from joining the military, no minor (person less than 18) could accomplish military service and that was clearly stated in the law.

Hazing in the military was now prohibited. Hazing was when too much physical effort was demanded, for example soldiers being made to run for three hours while carrying heavy loads, or to do push-ups for hours on end. Various types of hazing had existed. Such cases had arisen in the past, and a delegate said he and some of his colleagues had been subjected to hazing in the past. However, today if somebody was caught hazing a soldier they would be punished by 30 days in an isolation cell.

With regard to violence against women, and specifically domestic or family violence, the two year custodial sentence referred specifically to domestic violence. Cases of rape could be convicted under another law.

Concluding Remarks

FEDERICO GONZALEZ, Permanent Representative of Paraguay to the United Nations Office at Geneva, thanked the Committee for its help and advice, and said his country would do their best to implement its concluding recommendations.


For use of the information media; not an official record

CAT11/034E