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According to the expert witness, the deprivation of freedom is, per se, a traumatic
event for any human being. Particularly, confinement in the conditions existing in
Detention Center of Catia constitutes a highly disturbing experience that emotionally
scars not only the prisoners but also their friends and families. Physical health
disorders are common as a result of overcrowding, poor hygiene, and meager, and
usually contaminated, food. Emotional factors contribute to weakening the immune
system, reducing its ability to protect the body, thus increasing the likelihood of
psychosomatic illnesses, the most common being skin, gastrointestinal, and
respiratory system diseases, insomnia, and musculoskeletal disorders.
It was observed that some relatives of the deceased prisoners suffered from chronic
depression, physical disorders, and post-traumatic stress symptoms.
k)
Expert of Opinion of Ms. Magaly Mercedes Vásquez-González,
expert witness
The expert witness referred, in general terms, to the rules that governed the criminal
procedure in Venezuela at the time of the events giving rise to this case and the one
applicable at present, in reference to the role of the State as the guarantor of the
right to life, to humane treatment and to personal liberty.
She stated that, in 1992, an inquisitorial system of criminal procedure was in place in
Venezuela. This model, developed in the Código de Enjuiciamiento Criminal (CEC)
(Code of Criminal Procedure) and related statutes, was characterized by a strong
concentration of functions in the judge. The Prosecutor´s Office had less involvement
in the proceedings and it could be replaced by the judge in many of its functions.
Police authorities were investigative bodies that exercised their powers by delegation
from the judges.
In 1995, there was intense debate in the Congress of Venezuela concerning the
“criminal reform.” After over two years of intense work, the Código Orgánico Procesal
Penal (COPP) (Organic Code of Criminal Procedure) was enacted on January 23,
1998. This code deprived the police of their investigative powers.
The new procedure developed by the COPP was based on the rights to equal
treatment, to a fair hearing, and to an oral, speedy and public trial as well as on the
principles of ex officio prosecution and the judge’s immediacy of exposure to the
facts of the case. The power to institute criminal actions was vested in the
Prosecutor’s Office. The same Committee that prepared the COPP partially amended
the laws of the Public Prosecutor´s Office of the Judiciary, the Judicial Career Act, the
Code of Military Justice and the law that governed police powers. Said amendments
came into effect on the same date as the COPP.
The new Constitution, which embodied several principles included in the COPP, came
into effect on December 30, 1999. It established due process as a guarantee, among
others, applicable to all court and administrative proceedings. It further established
the obligation of the State to guarantee a prison system that ensures inmate
rehabilitation and respect for their human rights.
Since then, several reforms to criminal laws have been adopted, which, according to
the expert witness, have led to an increase in prison population with the ensuing
prison overcrowding.
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