9
specific requirements set forth in paragraph 112 of the Judgment.” They focused
their concern particularly on provisional arrest centers which “should be controlled as
rigorously as those arrest centers managed by the National Penitentiary Institute
[Instituto Nacional Penitenciario y Carcelario, INPEC].” They pointed out that the
source of most information provided by the State is INPEC, whose competence is
limited regarding provisional arrest centers such as police stations and army
battalions, among other places “[…] where most alleged incidents of torture or […]
cruel, inhuman or degrading treatment are reported to take place[…].”
22.
That regarding the foregoing the Commission argued that “control
mechanisms must be applied to any center or place where persons deprived of their
liberty are held, regardless of whether they are provisional arrest centers, prisons or
penitentiaries.” It further stated that no sufficient information h[ad] been submitted
which allowed assessing compliance with this reparation measure.”
23.
That in paragraph 112 of the Judgment on the merits, reparations and costs
of September 12, 2005, the Court ordered that Colombia was to implement control
mechanisms in arrest centers. In this regard the Court ordered
“[…] that Colombia must adopt the necessary measures to strengthen existing control
mechanisms in state arrest centers, for the purpose of guaranteeing adequate arrest
conditions and respect for the due process of law. Such control mechanisms must
include, inter alia: a) medical examinations of every arrestee or convict, according to
standard medical practice. Specifically, examinations shall be conducted under medical
control, in private and never in the presence of security staff or other government
officials. Such examinations shall be conducted as promptly as possible after the
admission of the arrested or imprisoned person to the place of arrest or imprisonment,
and thereafter medical care and treatment shall be provided whenever necessary; b)
regular psychological assessments of staff in charge of the custody of persons arrested,
in order to ensure their appropriate mental health condition; and c) frequent access to
such centers for staff of the appropriate human rights surveillance and protection
organizations.”
24.
That the measures adopted and informed by the State at the private hearing
(supra Considering clause 20) are additional to the measures formerly informed to
the Court regarding the National Police and the General Prosecutor’s Office
provisional arrest centers: “[…] upon admission of an arrestee, various control
measures are adopted, among which is a medical check-up to assess the physical
and mental health of the arrested person. During detention, the arrested person may
make telephone calls and get in contact with his next of kin and legal counsels within
the scope established by law. As regards provisional arrest places managed by the
Public Force, the Ministry of Defense issued Guideline No. 10 of June 6, 2007 […]
[which] sets forth, among oth[e]r things that: the person arrested must be brought
before the competent authorities within the term fixed by the law and that an official
and public record of the persons arrested must be kept, giving details about the date
and time of admission, reason, condition, and authority before which the arrested
person has been brough[t].”
25.
That the Court highlights and assesses positively the efforts made by the
State regarding the foregoing, as they show its partial compliance with this
reparation measure regarding permanent arrest centers, which depend on and are
managed by the National Penitentiary Institute (INPEC). The Court considers that the
advances achieved in connection with the regulations regarding the mechanisms for
the control and treatment of persons deprived of their liberty and kept under the