Torture by Police, Forced Disappearance & Other Ill Treatment In the early years of the 21st Century, 2000 to
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CAUTION: The following links
have been culled from the web to illuminate the situation in Paraguay. Some of these links may lead to websites
that present allegations that are unsubstantiated or even false. No
attempt has been made to validate their authenticity or to verify their content. HOW TO USE THIS WEBPAGE Students If you are looking
for material to use in a term-paper, you are advised to scan the postings on
this page and others to see which aspects of Torture by Authorities are of
particular interest to you. You might
be interested in exploring the moral justification for inflicting pain or
inhumane or degrading treatment or punishment in order to obtain critical
information that may save countless lives, or to elicit a confession for a
criminal act, or to punish someone to teach him a lesson outside of the
courtroom. Perhaps your paper might
focus on some of the methods of torture, like fear, extreme temperatures,
starvation, thirst, sleep deprivation, suffocation, or immersion in freezing
water. On the other hand, you might
choose to write about the people acting in an official capacity who
perpetrate such cruelty. There is a
lot to the subject of Torture by Authorities.
Scan other countries as well as this one. Draw comparisons between activity in
adjacent countries and/or regions.
Meanwhile, check out some of the Term-Paper resources
that are available on-line. ***
ARCHIVES *** 2020 Country
Reports on Human Rights Practices: Paraguay U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, 30 March 2021 www.state.gov/reports/2020-country-reports-on-human-rights-practices/paraguay/
[accessed 3 August
2021] TORTURE AND OTHER
CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT The Attorney
General’s Office obtained convictions of three police officers charged in
2017 with human rights violations, specifically bodily injury perpetrated by
security forces. The charges against police officers Benito Sanabria, Jorge Ramirez Bogarin,
and Fernando Aguero Benitez stemmed from police
response to 2017 antigovernment protests in Asuncion. The convictions
resulted in sentences ranging from two and one-half years to nine years in
prison. The
semi-independent National Mechanism for the Prevention of Torture (NMPT)
alleged that unidentified Coast Guard sailors committed torture and other
cruel, inhuman, or degrading treatment of 35 civilians in Ciudad del Este on
the night of July 15. The sailors allegedly committed physical and
psychological abuses, including threats of death, in responding to the
killing of a fellow sailor by narcotics traffickers earlier that evening. The
alleged torture took place both in the San Miguel neighborhood of Ciudad del
Este and at the Ciudad del Este East Naval Area Base, where the Coast Guard
unit was stationed. The NMPT concluded torture likely occurred and
recommended a national-level investigation. PRISON AND DETENTION
CENTER CONDITIONS Prison and
detention center conditions were harsh and at times life threatening due to
inmate violence, mistreatment, overcrowding, poorly trained staff, poor
infrastructure, and unsanitary living conditions. Physical
Conditions: According to the NMPT, prisons were overcrowded, with inmates at
some facilities forced to share bunks, sleep on floors, and sleep in shifts. Prisons and
juvenile facilities generally lacked adequate temperature control systems, of
particular concern during hot summer months. Some prisons had cells with
inadequate lighting. At times prisoners were confined for long periods
without an opportunity for exercise. Some prisons lacked basic medical care.
Adherence to fire prevention norms was lacking. ARREST PROCEDURES
AND TREATMENT OF DETAINEES Pretrial Detention:
The law permits detention without trial for a period equivalent to the
minimum sentence associated with the alleged crime, a period that could range
from six months to five years. Some detainees were held in pretrial detention
beyond the maximum allowed time. Freedom House
Country Report 2018 Edition freedomhouse.org/country/paraguay/freedom-world/2018 [accessed 13 May
2020] IS THERE AN
INDEPENDENT JUDICIARY?
-- The judiciary is nominally independent, but money laundering, drug
trafficking and other criminal operations have been able to co-opt or
otherwise assert control over local judicial authorities, particularly in
regions adjacent to Brazil. Politicians commonly attempt to influence judges
and prosecutors. DOES DUE PROCESS
PREVAIL IN CIVIL AND CRIMINAL MATTERS? - Constitutional guarantees of due process
are poorly upheld, largely due to corruption that permeates the judicial system.
Individuals with political or societal influence or access to money are
frequently able to obtain favorable treatment in the justice system. In May 2017, an
appeals court upheld the 2016 prison sentences against 11 campesinos
involved in the deadly 2012 clash between farmers and police in Curuguaty, after landless farmers occupied private land;
six officers and 11 campesinos were killed. In
August, the controversial rulings, which activists say were handed down
following flawed legal procedures, were brought before the Inter-American
Commission on Human Rights (IACHR). Meanwhile, evictions of campesino communities continued during the year. IS THERE PROTECTION
FROM THE ILLEGITIMATE USE OF PHYSICAL FORCE AND FREEDOM FROM WAR AND
INSURGENCIES?
- Paraguay is one of the region’s safer countries. However, the Paraguayan
People’s Army (EPP), a radical socialist guerilla group, kidnapped at least
two people in 2017. Gang warfare takes place along the Brazilian border.
Illegal detention by police and torture during incarceration still occur.
Overcrowding, unsanitary conditions, and mistreatment are serious problems in
the country’s prisons. Conclusions and
recommendations of the Committee against Torture U.N. Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment -- Doc. CAT/C/PRY/CO/4-6
(2011) www1.umn.edu/humanrts/cat/observations/paraguay2011.html [accessed 5 March
2013] Fundamental legal
safeguards 11. The Committee
is concerned that many of the human rights of persons deprived of their
liberty, including minors, as set out in Paraguayan legislation, are not
observed in practice. In particular, the Committee expresses concern at the lack
of mechanisms to give effect to the right of persons deprived of their
liberty to legal assistance from the very start of detention and to
independent medical examinations, and their right to notify a relative or
trusted individual of their detention and to be informed of their rights and
the grounds for arrest at the time of detention. With regard to habeas
corpus, the Committee is concerned by information it has received that habeas
corpus petitions can take 30 days to be resolved. As regards medical
examinations at the start of detention, the Committee is concerned that these
are not routinely carried out and that they take place in the presence of
police officers. It is also concerned by reports that persons deprived of
liberty are held in police custody for long periods without being properly
registered and that a large number of police stations do not, in practice,
comply with the rules on registration procedures for detainees. In general,
the Committee expresses concern at the statement by the delegation from the
State party that there are problems with the nationwide implementation of
Decision No. 176/2010 of the Office of the National Police Commander,
ordering the introduction of a registration system in police stations (arts.
2, 11 and 12). Impunity for acts
of torture and ill-treatment 18. The Committee
is concerned about the numerous and consistent allegations of torture and
ill-treatment of persons deprived of their liberty, in particular by police
officers. The Committee regrets the lack of any consolidated statistics on
complaints of torture, investigations and the penalties handed down during
the period covered by the State party’s report. The Committee takes note of
the statistics provided in the State party’s report concerning disciplinary
proceedings against police officers; however, it notes that the statistics do
not indicate how many of those cases have been brought to court. The
Committee is also concerned that, according to the information provided in
the State party’s report, during 2009 there were only nine complaints of
torture in the State party’s prisons. The Committee considers that the
figures do not tally with the persistent allegations and extensive
documentation received from other sources concerning cases of torture and ill-
treatment of persons deprived of their liberty. The Committee is further
concerned by the limited effectiveness of police monitoring and supervision
mechanisms and the lack of compensation and rehabilitation services for
victims of torture and ill-treatment (arts. 2, 12– 14 and 16). Conditions of
detention and use of pretrial detention 19. The Committee
is concerned about the habitual and widespread use of pretrial detention,
which may undermine the right to presumption of innocence, rather than non-
custodial measures. The Committee is also concerned by the failure to respect
the maximum legal period for pretrial detention and by the existence in the
State party of legislation that restricts the possibility of using
alternatives to preventive detention. The Committee is especially concerned
by the extensive use of pretrial detention for children aged between 16 and
18 years. The Committee notes with concern the abundant information received
from various sources on the deplorable material conditions in many of the
State party’s police stations and prisons, the overcrowding in them, the
inadequate medical services and the almost complete lack of activities for
persons deprived of their liberty. In particular, the Committee is concerned
about the material conditions in the psychiatric ward of the national prison
in Tacumbu and the lack of specialized medical attention provided to the
prisoners housed there. The Committee is further concerned about allegations
of discrimination against the lesbian, gay, bisexual and transgender
community in the State party’s prisons, including discrimination in allowing
private visits from partners. Lastly, the Committee is concerned about the
arbitrary use of solitary confinement as a punishment in the State party’s
prisons (arts. 2, 11 and 16). Statements obtained
under duress 20. The Committee
expresses its concern at reports that, in spite of the provisions of article
90 of the Code of Criminal Procedure prohibiting the use of force by the
police to obtain a statement from a detained person, in practice the police
continue to obtain statements by torture or ill-treatment. The Committee is
concerned that the courts of the State party occasionally use such statements
as evidence. The Committee is also concerned by the lack of information
relating to officials who have been tried and punished for having obtained
statements in this way (arts. 2, 4, 10 and 15). AMNESTY
INTERNATIONAL From an old article -- URL not available Article was
published sometime prior to 2015 BACKGROUND In October, a
Selection Committee was established to appoint members to the National
Mechanism to Prevent Torture. However, members had not been appointed by the
end of the year. JUSTICE SYSTEM There were
allegations that the justice system lacked impartiality and independence and
that it was inadequately resourced. Delays in the administration of justice
were reported. There were
allegations that some of those held in the context of the Curuguaty
clashes were tortured. No investigation into these allegations was known to
have been initiated by the end of the year. ***
EARLIER EDITIONS OF SOME OF THE ABOVE *** Freedom House
Country Report - Political Rights: 3 Civil Liberties: 3 Status: Partly Free 2009 Edition www.freedomhouse.org/report/freedom-world/2009/paraguay [accessed 10
February 2013] LONG
URL ç 2009 Country Reports begin on Page 21 [accessed 13 May
2020] The judiciary,
under the influence of the ruling party and the military, is highly
corrupt. Courts are
inefficient and political interference in the judiciary is a serious problem,
with politicians routinely pressuring judges and blocking investigations.
While the judiciary is nominally independent, 62 percent of judges are
members of the Colorado party. In August 2008, a court cleared former general
Lino Oviedo of existing assassination charges, which permitted him to compete
in the presidential elections and led to allegations of political involvement
in judicial decision-making. The constitution permits detention without trial
until the accused has completed the minimum sentence for the alleged crime.
Illegal detention by police and torture during incarceration still occur,
particularly in rural areas. Poorly paid and corrupt police officials remain
in key posts. Overcrowding, unsanitary conditions, and mistreatment of
inmates are serious problems in the country’s prisons; the prison population
is currently at 179 percent capacity. Human Rights
Reports » 2005 Country Reports on Human Rights Practices U.S. Dept of State Bureau of Democracy, Human Rights, and
Labor, March 8, 2006 www.state.gov/g/drl/rls/hrrpt/2005/61737.htm [accessed 10
February 2013] 2009-2017.state.gov/j/drl/rls/hrrpt/2005/61737.htm [accessed 4 July
2019] TORTURE
AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – Although the law
prohibits such practices, there were reports that some government officials
continued to employ them. The Paraguay Human Rights Coordinating Board
(CODEHUPY)--a group of 32 nongovernmental organizations (NGOs), civic
organizations, and trade unions--reported several cases of police torture and
other abusive treatment of persons, including women and children, designed to
extract confessions, punish escape attempts, or intimidate detainees. Marcial Martinez Amarilla, a member of the Popular Rural Campesino Organization, stated that, on March 31, police
in Valle Pe, Guaira
Department, entered his home, forcibly apprehended him without a warrant for
his arrest, and tortured him for three hours on suspicion of cattle theft.
The case remained under investigation at year's end. On December 29,
police detained Juan Carlos Silvero Medina in San
Juan Nepomuceno, Caazapa Department, where he was
held for more than 10 hours for allegedly disturbing the peace and severely
beaten. There were no developments
in the case of Ramon Benitez Irala, who claimed in
July 2004 that he was shot when policemen raided his home and was refused
treatment for eight days. The law allows the
human rights ombudsman to investigate and seek monetary compensation in cases
of human rights abuses stemming from the 1954-89 Stroessner
regime. Since his appointment in 2001, the ombudsman
has ruled that 805 of 1,728 victims who filed petitions were entitled to
compensation and awards ranging from $583 to $17,500 (3.5 to 105 million guaranies). More than 400 victims (and/or family members)
either already received payments or were due to receive payments, according
to the ombudsman. Since 1993, 3,583 human rights cases have been filed,
predominantly stemming from the Stroessner era.
Although the Truth and Justice Commission continued to investigate and
document human rights abuses between 1954 and October 2004, a tight budget
constrained its progress. On June 15,
government officials, NGOs, and the UN Children's Fund (UNICEF) released a
report documenting accusations of torture and ill-treatment of conscripts in
the cities of Altos, Cordillera Department; Ciudad del Este, Alto Parana
Department; and Mariscal Estigarribia, Boqueron Department. On August 25, armed forces
commander, General Jose Kanazawa, apologized for past mistreatment committed
by military personnel under his command. All
material used herein reproduced under the fair use exception of 17 USC § 107
for noncommercial, nonprofit, and educational use. PLEASE RESPECT COPYRIGHTS OF COMPONENT
ARTICLES. Cite this
webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance
& Other Ill Treatment in the early years of the 21st Century-
Paraguay", http://gvnet.com/torture/Paraguay.htm, [accessed
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