Section 1. Respect for the Integrity of the Person, Including Freedom from:
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of disappearances by or on behalf of government authorities.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices. Media, however, reported instances of physical violence. The most common types of abuses were excessive force and aggression against persons arrested and detained by police and against prisoners by prison agents. In most cases the National Police Council took action against abusers. The National Commission for Human Rights and Citizenship (CNDHC) followed up with the National Police when it received information about abuses perpetrated by police agents. In the first quarter of 2017, 23 cases of abuse were registered, a significant increase over the first eight months of 2016.
Prisoners complained of cruel, inhuman, or degrading treatment or punishment. In all prisons authorities isolated newcomers in small, cramped cells for up to 30 days. This isolation was intended to allow new inmates time to adjust and to determine if they had communicable diseases. Inmates in isolation had limited access to visitors and prison activities. The isolation cells were small, dark, not well ventilated, unfurnished, and crowded. Similar cells were used for punishment. Additionally, prisoners complained of dehumanizing conditions resulting from poor infrastructure, in particular lack of sanitation.
Prison and Detention Center Conditions
Prison conditions were harsh and potentially life threatening due to gross overcrowding, inadequate housing, and health and sanitation conditions.
Physical Conditions: There were five prisons in the country; three of the five had populations that substantially exceeded capacity (indicated in parentheses). The Central Prison of Praia (CCP) had 1,054 inmates (880), the Central Prison of Sao Vicente 263 (180), and the regional prisons of Santo Antao 26 (50), Sal 143 (250), and Fogo 63 (50). The Orlando Pantera Center housed juvenile detainees who were under age 16 at time of sentencing. The regional prison on Fogo did not have external walls, although the Directorate General for Prison Systems began a large-scale infrastructure project on the Fogo prison to include external walls. External walls were added to the prison on Sal during the year. Several of the prisons did not have reliable electricity. The regional prison on Sal had no access to an electric grid or piped water; it ran a generator at night, and water was brought in trucks. The kitchen at the prison was completed during the year, but the armed forces continued to prepare and deliver food for prisoners. Isolation cells in the older prisons, specifically those on Fogo and Santo Antao, were cramped, crowded, unfurnished, lacked sanitary facilities (toilets, sinks, and showers, and adequate drainage) and had no natural light because their windows were blocked with bricks. In September the minister of justice and labor suspended the practice of putting all new arrivals at the prisons into solitary cells for a 30-day adjustment period because the practice was not consistent with the law’s assumption of innocence until proven guilty.
From January through August 2017, there were three deaths reported in prison.
Prisoners also complained of inadequate sanitation, ventilation, lighting, and heating. Not all prisoners had mattresses and beds; some slept on thin blankets on concrete floors. Shower and toilet facilities were inadequate and unsanitary; however, prison directors provided personal hygiene kits and prioritized improvements to the showers and toilets. There was standing water in the toilet and shower areas. Conditions in general were inadequate for inmates with mental disabilities or substance addictions. There were too few corrections officers to deal with the growing number of such prisoners. Conditions were markedly better for female prisoners, who generally had significantly more space and better sanitary conditions than male prisoners.
At the CCP and the central prison on Sao Vicente, inmates were separated by trial status, sex, and age, but in regional prisons lack of facilities prevented authorities from separating inmates. In the Fogo regional prison, all 11 cells and the isolation cells housed youths and adults together. In the Santo Antao regional prison, inmates were separated according to status and crime.
Most prisoners received adequate food and clean water three times per day, although prisoners in the CCP complained that the new director restricted food from outside that had been brought in to supplement prison food.
Administration: There were no prison ombudsmen to respond to complaints, but prisoners’ complaints did reach the CNDHC via regular visits by the CNDHC to the prisons, written communication from the prisoners, social media, and phone calls from prisoners to the CNDHC. Prisoners’ relatives also reported complaints to the CNDHC, and corrections officials stated all had been investigated and either disproven or corrected. To date, the CNDHC has received three complaints. Prison agents were insufficient in number and did not receive appropriate support to do their jobs. Some complained of a need for psychological support because of the emotional and physical stress of their jobs.
Prison directors at Fogo and CCP stated religious activities were permitted for all religious groups. The CCP director stated that during the year regular religious visits for Muslims were scheduled. In the regional prison on Sao Vicente, the director stated Muslim religious services sometimes fall outside of regular prison working hours for much of the staff, complicating the prison’s ability to accommodate them.
Independent Monitoring: The government permitted formal visits by international human rights monitors to the prisons and individual prisoners. Local nongovernmental organizations and members of the press made frequent visits to prisons to record conditions.
Improvements: Access to education within the prison system improved, resulting in a 100 percent graduation rate from elementary school (equivalent) in the prison of Praia and strong results in other prisons. Prison services promoted this social integration policy in conjunction with the Ministry of Education.
The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge in court the lawfulness of his or her arrest or detention, and the government generally observed these requirements.
ROLE OF THE POLICE AND SECURITY APPARATUS
The National Police, under the control of the Ministry of Internal Affairs, is responsible for law enforcement. The Judiciary Police, under the Ministry of Justice, is responsible for major investigations. The armed forces, under the Ministry of Defense, are responsible for protecting the national territory and sovereignty of the country. Logistical constraints, including a shortage of vehicles and communications equipment, and poor forensic capacity limited police effectiveness.
Civilian authorities maintained effective control over the armed forces and police (including the Coast Guard, National Guard, National Police, and Judiciary Police), and the government had somewhat effective mechanisms to investigate and punish abuse and corruption.
There were no reports of impunity involving the security forces during the year.
Authorities investigated abuses by police, and most investigations resulted in legal action against those responsible or in the case being dismissed. In the first quarter of 2017, the National Police Council received 23 reports of police violence; most cases concerned physical abuse. The National Police Disciplinary Board reviewed the cases.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The National Police may not make arrests without a warrant issued by the Attorney General’s Office, unless police apprehend the person in the act of committing a felony. Neither the National Police nor Judiciary Police have the authority to conduct investigations unless mandated by the Attorney General’s Office. Even if there is incriminating evidence, suspected criminals are not arrested until a decision is made by the Attorney General’s Office. The law stipulates a suspect must be brought before a judge within 48 hours of arrest. In most cases, however, detainees waited longer. The CNDHC reported that detainees remanded to preventive detention on islands without prisons waited in police holding cells until they could be transferred to islands with prisons. In at least one case, a detainee in preventive detention waited four months in a holding cell on Boa Vista for transportation (ticket and escort availability). The law provides a detainee the right to prompt judicial determination of the legality of the detention, and authorities respected this right. Attorneys inform detainees of the charges against them. There is a functioning bail system. Authorities allowed detainees prompt access to family members and to a lawyer of the detainee’s choice if the detainee could afford it. For a detainee or family unable to pay, the Cabo Verdean Bar Association appoints a lawyer.
The judicial system was overburdened and understaffed, and criminal cases frequently ended when charges were dropped before a determination of guilt or innocence was made.
Pretrial Detention: The director of the CCP noted that if detainees remained six months in prison without any judicial progress, they would be released according to the law. As of September 30, there were 491 persons in preventive detention.
The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. The judicial system, however, was slow because it was overwhelmed by the number of cases, lacked sufficient staffing, and was inefficient.
There is a military court, which by law may not try civilians. The military court provides the same protections as civil criminal courts.
The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. Criminal defendants enjoy the right to a presumption of innocence. They have the right to be informed promptly and in detail of the charges, with free interpretation as necessary, from the moment charged through all appeals. The law provides for the right to a fair and public nonjury trial without undue delay, but cases often continued for years. Defendants have the right to be present at their trial and to consult with an attorney in a timely manner. Free counsel is provided for the indigent in all types of cases. Defendants have adequate time and facilities to prepare a defense. Defendants have the right to confront or question witnesses against them and to present witnesses and evidence in their defense, the right not to be compelled to testify or confess guilt, and the right to appeal regional court decisions to the Supreme Court of Justice (SCJ). The law extends the above rights to all citizens.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Courts are impartial and independent and handle civil matters including lawsuits seeking damages for, or an injunction ordering the cessation of, a human rights violation. Individuals and organizations may appeal adverse domestic decisions to regional human right bodies. Both administrative and judicial remedies are available, although administrative remedies are rare.
The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.