Prison violence and violation of women’s rights in Colombia
Historical background of prison in Colombia
The prison evolution, dates back since the fifteenth century, the time of the aborigines, the community developed as the Chibchas showed civil and criminal legislation of great moral influence for its time. Death penalty to homicide, public shame to coward.F.)
The Muiscas also developed a civilization of centralized power in the figure of the Zipa, in addition to having civil and criminal judgments with the figure of a palarero as a legal representative. His punishments unlike Chibchas respected human dignity.
With the conquest, many of these civilizations are destroyed and the vision of the conqueror of dominating and declared absolute as regent of the New World was imposed. Establishing its conqueror laws: crimes, save prisoners, torments, sorrows and forgives. (Inpec, s.F.)
At the time of the colony, confiscation, fine and prison were applied as well as ecclesiastical measures related to abjuration, repression, suspension of orders and penance. (Inpec, s.F.)
For the fulfillment of the penalties, the famous dungeons, presidios of Cartagena and Tunja were used;The prisons of the Royal Prison, the Divorce prison, that of Zipaquirá and that of Santafé (College of Our Lady of the Rosary), among others. (Inpec, s.F.)
In the era of independence in order to contribute to the state-state, French and Spanish prison models are imported.
Political Statute of the Colombian Territory. It contemplates the abolition of torture, is authorized to restrain the freedom of the citizen and the entry into jail is prohibited from who is not legally conducted to it. (Inpec, s.F.)
Historical dates in prison evolution
- 1890 The First Women’s Prison is built: established by the Religious of the Good Shepherd.
- 1914 Law 35: The General Directorate of Prisons is created;regulating as an entity attached to the Ministry of Government.
- 1934 First Colombian Penitentiary Code: First Guidelines of Penitentiary Administration.
- 1936 and 1938 New Criminal Code, Code of Criminal Procedure and Vague Law.
- 1940 Prison Constructions Soup: Social Control Devices for the Development of Capitalism. National Penitentiary La Picota, Palmira and Popayán.
- 1940 Restructuring: General Directorate of Detention Establishments, Penalties and Security Measures (Minjustice).
- 1958 MALEANT LAW: DANGERY DOCTRINE.
- 1960 restructuring: division of penalties and security measures (minjustice).
- 1992 Decree no. 2160, whereby the General Directorate of Prisons of the Ministry of Justice is merged with the Rotary Fund of the Ministry of Justice and the National Penitentiary and Prison Institute is created – Inpec.
- 1993 Law 65 of 1993, article 15, the National Penitentiary and Prison System is made up of the National Penitentiary and Prison Institute, as a public establishment assigned to the ‘Ministry of Justice and Law’ with legal status, independent heritage and administrative autonomy;For all the seclusion centers that work in the country, by the National Penitentiary School and by the other organisms assigned or linked to the fulfillment of their purposes.
Unconstitutional state of things
For the year of 1998, the Constitutional State of Things is declared in the Colombian Penitentiary System with Judgment T 153 of 1998 and it is said that the prison problem is overcrowding.
The Constitutional Court: has made use of the figure of the state of unconstitutional things in order to seeStructural nature – that is, that, usually, they do not originate exclusively in the demanded authority and, therefore, their solution requires the joint action of different entities. Under these conditions, the Court has considered that given that thousands of people are in the same situation and that if they all went to guardiansEnd that they put their powers to eliminate this state of unconstitutional things.
In turn, the Court has an unconstitutional state of things in establishment-hacination
Colombian prisons are characterized by overcrowding, serious deficiencies in public and healthcare services, the empire of violence, extortion and corruption, and the lack of opportunities and means for the resocialization of inmates. This situation fully adjusts to the definition of the state of unconstitutional things. And from there a flagrant violation of a range of fundamental rights of inmates in Colombian prison centers, such as dignity, life and personal integrity, rights to family, health, work and presumption of the presumption ofInnocence, etc. For many years, society and the State have crossed their arms in the face of this situation, observing with indifference the daily tragedy of prisons, despite the fact that she represented the transgression of the Constitution and the laws every day. The circumstances in which life takes place in prisons demand a prompt solution. Actually, the prison problem represents not only a delicate issue of public order, as is currently perceived, but a situation of extreme social gravity that cannot be neglected. But the remedy of evils that hit the penitentiary system is not only in the hands of the Inpec or the Ministry of Justice. Therefore, the Court has to be required to different branches and organs of public power to take appropriate measures in the direction of the solution of this problem.
This sentence issued by the Court came as a result of two isolated processes in which two prisoners of different prisons from the country in guardianship action ask for the intervention of the State due to their infrahuman situation resulting from the increase in prisoners that leads to overcrowding.
It should be noted that abandonment is absolute and outrageous, for example in the action of protection T-137001 filed by the shareholder Manuel José Duque Arcila in which he asks the Court to be worth their fundamental rights.
With Judgment T 388 of 2013 it is determined that the prison problem is a structural problem of criminal policy. The national prison situation is a constant violation of human rights. For example, the Civil Society Monitoring Commission in its study declares the lack of differentiated protection given to populations such as women. In general, structure extensions carried out in prisons are particularly implemented on the male population, leaving the exclusion of the female population in studies and penitentiary reforms evidence.
Between 1990 and 2013, the female prison population has increased from 1,998 women to 8,579 for 2013. Figure that under January 2017 to approximately 7,849 women.
Of 141 seclusion centers by Inpec only 6 are exclusive for women and 37 seclusion centers are mixed which leads to sharing spaces and services between women and men. In these places we can find infrahuman conditions with overcrowding and lack of special care that women need.
90% percent of women held in the Penitentiary Centers of Bogotá, Medellín, Cali and Cúcuta are mothers and had a child when they were minors (El Heraldo, 2017). Likewise, a report made by the Civil Society Monitoring Commission, based on an INPEC report, the low participation of women in social reintegration programs is evident.
For the month of February 2016, a group of 92,311 people joined the social inclusion program, however, only 7,020 of which only 30% ends with the programs (follow -iminete commission of civil society) were only ended).
Serious health crisis
In the second report of the Civil Society Monitoring Commission to Judgment T 388 of 2013 of the Constitutional Court, it is possible to determine that men and women are affected, however, the situation of the female population affects the woman a greater extent to women in thesexual and reproductive health issue.
Lack of specialists, specific treatments, provision and monitoring of contraceptive methods. We must also add violations to their information right because the examinations of cytologies performed are hidden.
Obstetrics service provisions to these women reflect that they suffer a clear discrimination such as the lack of credibility that inmates have when they need medical help.
That group of women do not have adequate attention, they are not even given basic elements for their needs as a woman. 53% of women deprived of liberty are home heads whose children have an average between 4 and 10 years (Iturralde).
Prison centers for women should largely have an appropriate environment so that children under three years of age can live with their mother with access to health, education, nursery and food. As a consequence, women have a lower possibility of social reintegration, we must add that the activities of the prison centers do not adapt to the needs of the current labor market. These programs are sexist and related to the traditional image of domestic and artisanal work.
In conclusion, we affirm that infrastructure reforms, security conditions, disciplinary regime, resocialization programs and analysis on the prison population in Colombia are carried out from a male perspective, leaving out the needs of women and affecting the children accordinglythat must live in those conditions.
- Right to decent treatment and respectful International Covenant for Civil and Political Law (PIDCP) Art 10 All persons deprived of liberty have the right to decent and respectful treatment when they are detained in a prison establishment.
- The above has 3 important aspects:
- Separation of the convicted and syndicated
- Separation of minors and adults
- End of penalty with a resocializing component
- The Constitutional Court has developed a concept that is defined as a special relationship of Sujecion, in Judgment T 077 of 2013 this corporation determines that special subject relations are understood as those of an administrative legal nature: “The administrator is inserted into the sphere ofthe regulation of the administration, being subject to a peculiar legal regime that translates into a special treatment of freedom and fundamental rights ”
The above based on the concept that the State has a hierarchical position against the administrator, and within its obligation it has a duty to provide progressive measures and policies that protect the deprived of the freedom of cruel inhuman and degrading treatment. This means the express prohibition of not exceeding the limits of the suspension of your right of freedom.
Detention condition
Within the minimum detention conditions is art 10 of the PIDCP linked to prisons with adequate infrastructure, the elimination of prison overcrowding, the obligations to maintain a health environment presenting a health service and efficient specialists. This leads us to detect that one of the great problems in the Colombian prison system is overcrowding.
The National Penitentiary and Prison Institute, Inpec in its January 2017 study, affirmed that in our country there were 180, 766 people deprived of liberty in different prison centers. Of this number, 97.4% is to say 176,024 are in inpec custody while 1.7% that is, 3,131 people were in municipal order seclusion establishments and 0.9% bone 0.9% 1.611 people were in public force establishments.
67% of the prey population is under a modality of deprivation of liberty detention in seclusion or intramuros establishments. Now the total capacity of prisons in Colombia is 78,418 quotas, which results in a national overpopulation of 49,507, marking the 51.7% index.
The above negatively affects effective resocialization, and is reflected in recidivism figures;Additionally, authorities claim that intramural penalties are effective and fair. On the contrary, statistics do not support this statement, since with Law 890 of 2004. On the other hand with the promulgation of Law 1142 of 2007, it increased to four thousand more syndicated people.
Right to health and hygiene
The right to health is a fundamental right is stated by PIDCP in Art 10 and in our Constitution in Art 49. Based on that special subject of support that this maintains with people deprived of liberty. We can say that the right to health in its health and hygiene phase consists of different actions;As an example, we find adequate medical service, specialized care to those who have a constant disease or a disability and give food and water in optimal conditions.
In 2007, Law 1122 was issued by reforms to Social Security, adding to whether to persons deprived of liberty to the subsidized regime. In principle the Inpec provides the service and the different medical service points that were around the country. However, these points did not meet the conditions or accreditations to provide the service, thus giving Caprecom the entity currently in charge.
However, in health, the problem has not been solved, due to this we have social and legal consequences. And the spread of diseases within prison centers is increasing since there are no effective treatments to combat the same.
This is due to the Inpec does not give solutions to complaints against the provision of health services. Consequently legal ends up being the increase in guardianship actions presented to constitutional judges nationwide in order to give an effective guarantee of the right to health. The above gives rise to the system of guardianship.
Definitely a big problem, that we have the duty to face especially if the Constitutional Court already stated that it is a criminal policy problem, which must be urgently established and in order to reduce the structured violence that the most violated populations receive.
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