7
37.
The documentary evidence provided by the parties includes the sworn
statements made before notary public (affidavits) by the alleged victim and by the
witnesses and expert witnesses, as required by the President in an order of May 4,
2005 (supra para. 21). The Court deems it pertinent to summarize the relevant parts
of these statements below:
a)
Statement by Ronald Ernesto Raxcacó Reyes, alleged victim
He has been in prison since 1997 and was sentenced to death in 1999. He was
initially detained in sectors one and two of the Zone 18 Preventive Detention Center.
In June 2000, he was transferred to maximum security sector 11 of this Center.
When he entered sector 11 of this prison, he was divested of his belongings and
clothes and subjected to a search. During the first days he spent in this place, he
requested the officials in charge to provide him with clothes and “chamarras” [Note:
a type of woolen blanket]. They refused to give him clothes; the witness therefore
had to request the intervention of the Ombudsman. They also refused to allow him to
receive foodstuffs; he did not have a stove to cook on, and it was difficult for him to
receive visitors. Ten months later he was transferred without previous notice or an
order from a competent judge to the Escuintla maximum security prison, called El
Infiernito (The Little Hell), where he was imprisoned for two months. Finally, on June
19, 2001, he was moved back to Cell 4(b) in maximum security sector 11 of the
Zone 18 Preventive Detention Center, where he is still imprisoned. When he entered
the said sector, the prison security guards beat him. The alleged victim could not
walk or talk, his jaw was dislocated, his ribs fractured and his knees injured. That
year there was a period of three months during which he only had the clothes he
wore; his cell had neither mattresses nor light.
The cell where he is kept is small and he shares it with another prisoner. The
sanitary installations are inside the cell, which has no ventilation system. His bed is
made of concrete and is very narrow. Behind the cell there is a yard measuring
approximately three square meters, where there is a sink and a water tank. Light
from the outside enters the place through a hole.
His alimentation depends on what he receives from his family or what he can obtain
through his cellmate, because the food provided by the penitentiary system is not
healthy, and is often rotten or of poor quality. He fears that eating it will make him
ill. Perishables cannot be kept in the cell and, for cooking; he has a stove that he
himself made.
The penitentiary system does not provide either the means or the materials for
prisoners to work. The materials (netting and raffia) needed for the handicrafts the
alleged victim makes, such as bags and handbags, are provided by his family.
He is allowed visitors once a week, on Saturday, from 10 a.m. to 12 m. On Tuesday,
he can make telephone calls for 10 minutes using a public telephone. These are the
only opportunities he has to leave his cell; if he has no visitors and does not want to
make telephone calls, he does not leave it. Since 2001, he has received his visitors
handcuffed to a metal post, without being able to have physical contact with them,
“because you can’t put your fingers through the wire mesh.” However, as of March
2005, visits are taking place more “humanely,” owing to the intervention of the
Deputy Director of the Detention Center.
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