Submitted by crinadmin on
Summary: Defence for Children International -
Paraguay, in conjunction with la
Direccion de Politica Criminal y
Criminologia del Ministerio Publico and
UNICEF Paraguay, undertook a major
investigation, over a period of six
months (November 1997-May 1998), on the
situation of minors in places of
detention throughout Paraguay. Review by DCI Paraguay
Defence for Children International - Paraguay, in conjunction with la
Direccion de Politica Criminal y Criminologia del Ministerio Publico
and UNICEF Paraguay, undertook a major investigation, over a period
of six months (November 1997-May 1998), on the situation of minors in
places of detention throughout Paraguay. The results have been
published in the book entitled - Investigacion sobre Ninos, Ninas y
Adolescents Privados de Libertad en el Paraguay, 1998
The investigation gives a critical vision of the situation of
prisons, judicial procedures and possibilities for social reinsertion
of adolescents who, in one way or another, are in conflict with the
law or go through the judicial process under the concept of
"irregular situation".
The basis of the investigation are the international legal
instruments, which embody the theory of "full protection". The UN
Convention on the Rights of the Child, the United Nations Standards
Minimum Rules for the Administration of Juvenile Justice (Beijing
Rules), the United Nations Rules for the Protection of Juveniles
Deprived of their Liberty (JDL's) and, the United Nations Guidelines
for the Prevention of Juvenile Delinquency (Riyadh Guidelines). The
procedural guarantees enshrined in the Constitution and the Penal
Code of Procedures are also analysed in view of the existing reality.
For this purpose, the expression "in prison" is understood as "any
form of detention or imprisonment or the placement of a person in a
public or private custodial setting, from which this person is not
permitted to leave at will, by order of any judicial, administrative
or other public authority" (JDL's). The meaning therefore extends not
only to adolescents detained for penal reasons, but also to those
whose freedom is restricted as a way of "protection" for being in a
"state of danger", for "abandonment of domicile" or, even, as a
"disciplinary measure" or punishment requested by his/ her parents
and/ or guardians.
The study is divided into four parts:
- Census - providing statistical data;
- Legal - analyzing compliance by judges, the police and prison
personnel with the national and international legal framework;
- Psychosocial - investigating the economic, social and cultural
conditions shared by adolescents deprived of their liberty;
- Insitutional - analysing the conditions in which children deprived
of their liberty live and possibilities for social reintegration.
The investigation reveals a very dramatic situation and the need for
urgent response:
- The number of children deprived of their liberty has increased
dramatically - by 45% - over a three year period spanning from 1995
to 1997.
- The cause of detention is often non-penal. The concept of "state of
danger" is a sufficient basis in law for detaining adolescents. The
investigation revealed that 88 adolescents in 1995, 59 in 1996 and 62
in 1997, in the same month of each year were being detained for non-
penal reasons.
- 41 out of 87 interviewed detainees reported having been beaten,
kicked or mistreated in other ways, especially in police departments.
24 detainees refused to answer the question.
- Seventy interviews of adolescents detained for a wide range of
causes revealed that 73% of the interviewees had not been attending
school before they were detained (10% were illiterate). 93% were
working before their detention in jobs with low wages and long
working hours. 58% of adolescents do not admit their responsibility
in the crime for which they are accused and feel that their peers in
prison are their best source for help (37%).
- Fourteen detention centres were investigated between November 1997
and April 1998. The overwhelming majority (76% or more) does not
separate the accused from sentenced detainees, does not allow parents
to visit the minors and does not have specialised employees.
Owner: Defence for Children International - Paraguay