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47.
That as to the duty to adopt, within a reasonable time, the necessary
measures to adapt prison conditions to the corresponding international standards
(operative paragraphs twelve of the Judgment delivered in the case of Fermín
Ramírez and nine of the Judgment delivered in the case of Raxcacó Reyes), the State
pointed out the “Prison System Act” was passed by means of Decree Nº 33-2006 of
the Congress of the Republic and that it has been published in the Diario de Centro
América on October 6, 2006, and that said act regulates the Guatemalan National
Penitentiary System, in particular, the pre-trial detention centers and the centers for
compliance with convictions of penalties. Said act was a complement to the “Internal
Regulations of the Farms for Rehabilitation and Compliance with the Convictions
under the Charge of the General Bureau of the Prison System” (Reglamento Interno
de las Granjas Modelo de Rehabilitación y Cumplimiento de Condenas a Cargo de la
Dirección General del Sistema Penitenciario), as published in the Diario de Centro
America on November 29, 2006. Furthermore, during the hearing, the State
informed that there have been proposals to build pre-trial penitentiary centers and
convictions centers, remodel other centers and open up new areas, in order to
comply with international standards. Moreover, that at the moment, working and
educational programs have been implemented in several centers and 19 centers offer
basic literacy programs and some of them, basic and higher education programs.
48.
That the representatives stated that on April 6, 2007 the Prison System Act
entered into force. Nevertheless, by December, 2007, the act has not been
implemented yet, since the budget has not been assigned nor the necessary
regulations ordered. Besides, they sustained that said act is discriminatory and does
not comply with international standards, since it establishes Maximum Security
Centers where there are no social re-insertion programs and the regulation of said
system is vested on the penitentiary authority. Moreover, those people sentenced to
death have no possibility to commute their punishments. Likewise, they stated that
three new prisons were built but the locations of such centers are still unknown.
49.
That the Commission took note of the legislative reforms carried out by the
State in this regard, but it considered that its effectiveness and the compliance with
the decision of the Court must be valued upon the application of the new legislation
and the effective improvement of the general prison conditions. Therefore, it
expressed its concern since even though progress have been made in order to
improve prison conditions at the national level, the progress is minimum and the new
prisons that were built do not comply with the minimum standards.
50.
That this Court truly values the progress made in the planning of other
centers. In turn, the Court is aware that the relief and amendment of the situation in
the prisons of a State is a short, medium or long-term procedure, that calls for a set
of measures of several authorities, that is, administrative, judicial and even
legislative, addressed to heal the prison and detention conditions. This Tribunal could
not evaluate this set of measures, in all its ranges and dimensions, within the
framework of a procedure for monitoring compliance with a specific judgment.
Notwithstanding, the State cannot allege domestic legal reasons to help adopting
final, specific and effective measures in order to adapt the prisons to the
international standards. In that way, the Court deems it is necessary to request the
State that, in the next briefs, submit specific and updated information on the current
condition of the situation and the measures adopted to that end, especially, the main
prison problems and the specific measures adopted or to be implemented.