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Argentina

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There was no information available during the year regarding arbitrary or unlawful killings by police.

The Center for Legal and Social Studies (CELS) reported 126 deaths during 2015 as a result of police using unwarranted or excessive force in the metropolitan area of Buenos Aires.

In February authorities elevated to a criminal cause of action the April 2015 killing of a youth in San Martin, Buenos Aires Province, by a police officer on patrol. The officer chased two youths who were suspected of stealing a motorcycle and shot at them as they fled on the motorcycle, killing the passenger. Following the incident authorities dismissed the officer for excessive use of force.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

On October 21, the UN Working Group on Arbitrary Detention called for the release of Tupac Amaru social activist Milagro Sala, opining that her preventive detention was arbitrary. On January 16, authorities arrested Sala as she led a protest against the Jujuy provincial government’s reforms to social spending. Authorities initially charged Sala with sedition; however, the Jujuy province prosecutor later dropped the sedition count and brought new charges of assault, fraud, and embezzlement of public funds. International NGOs criticized the detention and the provincial government’s rejection of the UN Working Group’s opinion. On December 28, a federal court convicted Sala of “aggravated material damages” and sentenced her to a three-year suspended prison sentence. On December 29, Sala was convicted by a state court of civil disturbances charges. She was fined 4,363 pesos ($235) and prohibited from holding office in any civil organization.

ROLE OF THE POLICE AND SECURITY APPARATUS

The federal police generally have jurisdiction for maintaining law and order in the federal capital and for federal crimes in the provinces. Other federal police authorities include the airport security police, the Gendarmerie, the Coast Guard, and the Bureau of Prisons. All federal police forces fall under the authority of the Ministry of Security. Each province, including the city of Buenos Aires, also has its own police force that responds to a provincial (or municipal) security ministry or secretariat. Individual forces varied considerably in their effectiveness and respect for human rights. The armed forces fall under the Ministry of Defense and by law do not participate in internal security. Through executive decree the government sought to expand the scope of the armed forces to provide logistics support and surveillance of national borders. The federal security forces have authority to conduct internal investigations into alleged abuses and to dismiss individuals who allegedly committed a human rights violation. In September the minister of security dispatched additional federal security force personnel to Santa Fe Province for one year to combat complex crime and corruption.

The federal government can file complaints about alleged abuses with the federal courts, and provincial governments can do the same for provincial security forces. Members of security forces convicted of a crime were subject to stiff penalties. Authorities generally administratively suspended officers accused of wrongdoing until their investigations were completed. Authorities investigated and in some cases detained, prosecuted, and convicted the officers involved; however, impunity at the federal and provincial level remained a problem.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police generally apprehended individuals openly with warrants based on sufficient evidence and issued by a duly authorized official. Police may detain suspects for up to 10 hours without an arrest warrant if authorities have a well-founded belief they have committed or are about to commit a crime or police are unable to determine the suspect’s identity. Human rights groups reported that police occasionally arrested persons arbitrarily and detained suspects longer than 10 hours.

The law provides detainees with the right to a prompt determination of the legality of their detention by a lower criminal court judge, who determines whether to proceed with an investigation. In some cases there were delays in this process and in informing detainees of the charges against them.

The law provides for the right to bail except in cases involving flight risk or risk of subornation of justice.

Authorities allowed detainees prompt access to counsel and provided public defenders if they were unable to afford counsel. In some cases such access was delayed due to an overburdened system.

Arbitrary Arrest: Police on occasion arrested and detained citizens arbitrarily.

Pretrial Detention: The law provides for investigative detention of up to two years for indicted persons awaiting or undergoing trial; the period may be extended by one year in limited circumstances. The slow pace of the justice system often resulted in lengthy detentions beyond the period stipulated by law. A June census carried out by the Federal Penitentiary Service revealed that in Buenos Aires Province prisons, 61 percent of prisoners were either in pretrial confinement or awaiting a final sentence. According to several human rights organizations, 30 percent of pretrial detainees were eventually acquitted. A convicted prisoner usually receives credit for time served.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

Bolivia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

Several news outlets reported that national police officers committed unlawful killings in the shooting deaths of three miners during the course of August protests between the National Federation of Mining Cooperatives and police. The government’s decision to amend the Cooperatives Law to allow the unionization of subcontractors within the cooperative sparked the protests, which lasted from August 10 to August 26. Fermin Mamani, Severi Ichota, and Ruben Aparaya died of gunshot wounds during the protests, despite government claims that police used nonlethal bullets to quell the demonstrations. The Vice Minister of Interior, Rodolfo Illanes, was negotiating with the miners on behalf of the government when protesters captured, tortured, and eventually killed him. Authorities arrested 11 protest leaders in connection with the death of the vice minister. On October 6, the Ombudsman’s Office publicly stated that, under the authority of Minister of Government Carlos Romero, police used lethal ammunition against the miners. On October 27, Human Rights Ombudsman David Tezanos presented his office’s official findings to the State Prosecutor. Their investigations stated that “at least seven” police personnel used lethal firearms in the miner’s conflict. Two of the miners who were publicly implicated in the killing of Illanes called the findings of the Ombudsman’s office false.

d. Arbitrary Arrest or Detention

ROLE OF THE POLICE AND SECURITY APPARATUS

The national police, under the Ministry of Government’s authority, have primary responsibility for law enforcement and the maintenance of order within the country, but military forces may be called to help in critical situations. Military forces report to the Ministry of Defense. Migration officials report to the Ministry of Government, and police and military share responsibilities for border enforcement. The law to investigate and punish internal police abuse and corruption remained suspended and unenforced as a result of national police strikes in 2012, when the government agreed to revise the code. There was no progress in negotiations between the Ministry of Government and the National Police Association on this problem. Congress did not act on the Constitutional Court’s 2012 ruling to adjust the military criminal code and the military code of criminal procedure to stipulate that human rights violations be judged by the ordinary justice system, in compliance with the constitution. Inconsistent application of the laws and a dysfunctional judiciary further exacerbated the impunity of security forces in committing abuses.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires that police obtain an arrest warrant from a prosecutor and that a judge substantiate the warrant within eight hours of an arrest. Credible reports stated that police did not strictly adhere to these time restrictions, except in cases when the government ordered adherence. The law also mandates that a detainee appear before a judge within 24 hours (except under a declared state of siege, during which a detainee may be held for 48 hours) at which time the judge must determine the appropriateness of continued pretrial detention or release on bail. The judge shall order the detainee’s release if the prosecutor fails to show sufficient grounds for arrest. The government allows suspects to select their own lawyers and provides a lawyer from the Public Defender’s Office if the suspect requests one. There were 100 public defenders in the country, and approximately 30 percent of pretrial detainees had secured help from the Public Defender’s Office. The public defenders were generally overburdened and limited in their ability to provide adequate, timely legal assistance. While bail is permitted, most detainees were placed in pretrial detention or could not afford to post bail. Several legal experts noted that pretrial detention was the rule rather than the exception.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention, but in at least one case security forces seized and held a member of the political opposition, former governor of Pando Leopoldo Fernandez, under legally questionable circumstances.

On February 26, Gabriela Zapata, an employee of the Chinese company CAMC who reportedly had a previous romantic relationship with President Morales, was detained by officials from the Ministry of Government under opaque legal circumstances, according to a reputable NGO. Although the general prosecutor in the case, Ramiro Guerrero Penaranda, eventually confirmed that her arrest followed all proper legal procedures, credible reports indicated that officials apprehended Zapata without an official warrant or court order. Zapata was sent to a high-security prison used to hold convicted felons. She faced multiple charges.

Pretrial Detention: On March 9, Penitentiary Director Lopez warned the prison population could grow by the end of the year despite remedial efforts by the executive branch to reduce the already overcrowded system through granting a series of pardons. Lopez reported in February that 69 percent of all prisoners were in pretrial detention. The law affords judges the authority to order pretrial detention if there is a high probability that a suspect committed a crime, if evidence exists that the accused seeks to obstruct the investigation process, or if a suspect is considered a flight risk. If a suspect is not detained, a judge may order significant restrictions on the suspect’s movements.

The law states that no one shall be detained for more than 18 months without formal charges. If after 18 months the prosecutor does not present formal charges and conclude the investigatory phase, the detainee may request release by a judge. The judge must order the detainee’s release, but the charges against the detainee are not dropped. By law the investigatory phase and trial phase of a case cannot exceed 36 months combined. The law allows a trial extension if the delays in the process are due to the defense. In these circumstances pretrial detention may exceed the 36-month limit without violating the law.

Despite these rights, denial of justice due to prolonged pretrial detention remained a problem. In March the local Office of the UN High Commissioner for Human Rights reported approximately 78 percent of cases initiated during 2014 continued to the next year without conclusion. These inmates remained imprisoned due to the inability to obtain legal support to complete the paperwork that would free them from prison. Foundation Construir also noted that almost 75 percent of hearings arranged for pretrial detainees were suspended for a myriad of reasons. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, a shortage of public defenders, and inadequate case-tracking mechanisms all contributed to trial delays that lengthened pretrial detention and kept many suspects detained beyond the legal limits for the completion of a trial or the presentation of formal charges. Many defense attorneys intentionally did not attend hearings in order to delay trial proceedings and ultimately to avoid a final sentencing. The law does not dictate penalties for such actions.

In 2013 Foundation Construir reported prosecutors and judges relied heavily on pretrial detention, thereby contributing to prison overcrowding and judicial backlog. The report found that prosecutors sought pretrial detention for suspects in 77 percent of cases and that judges ordered pretrial detention in 73 percent of cases in which it was requested (54 percent of all cases). In Santa Cruz, which had the country’s largest prison population, judges ordered pretrial detention of suspects in 86 percent of all cases.

Felipe Moza, accused of sabotaging a gas pipeline in Villamontes, Tarija, in 2008, remained under house arrest without sentence. In September 2015 his case was suspended for the 114th time in six years. As of December, Moza had been imprisoned or under house arrest for more years than the penalty that he would have incurred had he been convicted for the crime for which he was accused.

Former governor Fernandez, on trial for assault and homicide linked to the death of 11 protesters in Pando Department in 2008, remained under house arrest without sentence. In 2011 his detention period exceeded the three-year limit on detention without a conviction. The Permanent Assembly on Human Rights declared that the judicial system had exceeded all reasonable timelines to determine culpability. Several human rights organizations and activists lobbied the government for his freedom. On July 18, the president of the National Permanent Assembly of Human Rights sent a letter to Morales stating that there was never an “objective investigation to identify the true authors” of the killings in Pando. He further alleged that Fernandez never received due process because of politically motivated accusations and detention by the government. According to the president of the assembly, the government’s actions against Fernandez destroyed the presumption of innocence, a constitutionally provided right for all citizens. The citizen collective Bolivian Coordinator in Defense of Human Rights also sent a letter to the president in July requesting Fernandez’s release on the grounds of health deterioration. As of December 1, the case had proceeded to final arguments but had not yet concluded.

Denial of justice due to prolonged pretrial detention remained a problem for many citizens. The human rights ombudsman released a document outlining a project that would allow those in jail to receive amnesty or pardons to help reduce the number of persons held in pretrial detention. According to this document, as of June only 31 percent of people nationwide held under pretrial detention eventually received final sentencing. Despite the fact that these prisoners had not been charged or brought to trial, they were held together with convicted criminals. The number of pretrial detainees in prisons throughout the country heavily contributed to the problem of overcrowding. The government’s efforts reduced the percentage of individuals under pretrial detention from 84 percent in 2015 to 69 percent during the year. The government’s pardon program affected only prisoners who already received their sentences and were convicted of minor crimes and crimes that resulted in less than five years in jail. Many human rights organizations and NGOs were critical of this program, because it did not apply to individuals who were held under pretrial detention. Accordingly, individuals who did not want to risk remaining under detention for years would plead guilty to the crimes they were accused of to receive an official sentence and thus become eligible for the government pardon. As of May a total of 4,953 individuals who may or may not have been guilty of the crimes they were accused of pled guilty in order to be released under this program, potentially violating their rights to due process and a fair trial.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution recognizes a citizen’s ability to challenge their arrest and detention if they believe their life is in danger, they have been illegally persecuted, or improperly deprived of personal liberty. Individuals are allowed to present their case to any judge and request a re-establishment of their rights. The government respected the ability to challenge lawfulness of detention in practice.

Brazil

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the federal government or its agents committed politically motivated killings, but unlawful killings by state police occurred. In some cases police employed indiscriminate force. The extent of the problem was difficult to determine, as comprehensive, reliable statistics on unlawful police killings were not available. Official statistics showed police killed numerous civilians (lawfully or unlawfully) in encounters each year. For instance, the Rio de Janeiro Public Security Institute, a state government entity, reported that from January to July, police killed 473 civilians in “acts of resistance” (similar to resisting arrest) in Rio de Janeiro State. Most of the deaths occurred while police were conducting operations against drug-trafficking gangs in the city of Rio de Janeiro’s approximately 760 favelas (poor neighborhoods or shantytowns), where an estimated 1.4 million persons lived. A disproportionate number of the victims were Afro-Brazilians under age 25. Nongovernmental organizations (NGOs) in Rio de Janeiro questioned whether all of the victims actually resisted arrest, contending police continued to employ repressive methods. In April police conducted an operation in Acari, a favela in the city of Rio de Janeiro, that resulted in the deaths of five civilians. Official reports showed the casualties took place during an intense shootout, but residents of the community claimed police summarily executed the victims. Residents also reported problems of excessive use of force by police during the operation. As of November the case was under investigation. A report by the NGO Amnesty International, A Legacy of Violence–Killings by Police and Repression of Protests at Rio 2016, noted violent police operations took place throughout the Olympic Games (August 5-21) in several poor communities of Rio de Janeiro, resulting in the deaths of at least eight persons. On August 11, a 19-year-old man was killed during a joint operation involving civil and military police agents, the army, and the National Security Force in the favela of Complexo da Mare. On the same day, police officers from the Riot Police Unit killed two children ages 14 and 15 and a man age 22 in the Bandeira 2 favela, in the neighborhood of Del Castilho. On August 15, officers from the Pacification Police Unit killed a man in the favela of Cantagalo, in Ipanema. The next day civil police killed three men during an operation in the favela of Complexo da Mare.

In February, nine officers from the Bahia state military police Special Patrolling Group were implicated in the killing of 12 young Afro-Brazilians in Cabula, a neighborhood in the state capital of Salvador. Police and autopsy reports indicated the victims were unarmed and offered no resistance. Nevertheless, in July, Judge Marivalda Almeida Moutinho acquitted the nine of all charges, ruling the officers acted in self-defense.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and limits arrests to those caught in the act of committing a crime or arrested by order of a judicial authority; however, police at times did not respect this prohibition.

ROLE OF THE POLICE AND SECURITY APPARATUS

The federal police force, operating under the Ministry of Justice and Citizenship, is a small, primarily investigative entity and plays a minor role in routine law enforcement. Most police forces are under the control of the states. There are two distinct units within the state police forces: the civil police, which performs an investigative role, and the military police, which is charged with maintaining law and order. Despite its name, the military police does not report to the Ministry of Defense. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Police often were responsible for investigating charges of torture and excessive force carried out by fellow officers, although independent investigations increased. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

Civilian authorities generally maintained effective control over security forces, and the government has mechanisms in place to investigate and punish abuse and corruption; however, impunity and a lack of accountability for security forces remained a problem.

In Rio de Janeiro’s favelas, so-called militia groups composed of off-duty and former law enforcement officers often took policing into their own hands. Many militia groups intimidated residents and conducted illegal activities such as extorting protection money and providing pirated utility services.

According to the Rio de Janeiro State Secretariat for Public Security, human rights courses were a mandatory component of training for entry-level military police officers. Officers for the state’s favela pacification program (UPP) received additional human rights training. During the year the military police in Rio de Janeiro provided human rights training to 120 UPP officers.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Unless a suspect is caught in the act of committing a crime, an arrest cannot be made without a warrant issued by a judicial official. Officials must advise suspects of their rights at the time of arrest or before taking them into custody for interrogation. The law prohibits use of force during an arrest unless the suspect attempts to escape or resists arrest. According to human rights observers, some detainees complained of physical abuse while being taken into police custody.

Authorities generally respected the constitutional right to a prompt judicial determination of the legality of detention. Detainees were informed promptly of the charges against them. The law permits provisional detention for up to five days under specified conditions during an investigation, but a judge may extend this period. A judge may also order temporary detention for an additional five days for processing. Preventive detention for an initial period of 15 days is permitted if police suspect a detainee may leave the area. The law does not provide for a maximum period for pretrial detention, which is decided on a case-by-case basis. If detainees are convicted, time in detention before trial is subtracted from their sentences. Defendants arrested in the act of committing a crime must be charged within 30 days of arrest. Other defendants must be charged within 45 days, although this period may be extended. Often the period for charging defendants had to be extended because of court backlogs. Bail was available for most crimes, and defendants facing charges for all but the most serious crimes have the right to a bail hearing. Prison authorities generally allowed detainees prompt access to a lawyer. Indigent detainees have the right to a lawyer provided by the state. Detainees also were allowed prompt access to family members.

Pretrial Detention: According to the National Council of Justice, prisons held approximately 250,000 persons in preventive detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained may challenge in court the legal basis for their detention and obtain prompt release and compensation if found to have ben unlawfully detained.

Chile

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

As of November 2015 according to the Ministry of the Interior, a total of 1,373 former military and law enforcement officials had been charged or convicted of complicity in murder or disappearance during the Pinochet government years (1973-90).

On July 20, the Supreme Court upheld on appeal the convictions of former Army officer Pedro Espinoza and former Air Force civilian Rafael Gonzalez for the 1973 killings of U.S. citizens Charles Horman and Frank Teruggi and increased the sentences to 15 years of prison for Espinoza and three years of probation for Gonzalez. The court also upheld awards of financial compensation of 130 million pesos ($190,000) for Joyce Horman and 100 million pesos ($146,000) for Janis Teruggi, the next of kin of the deceased.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Carabineros and the investigative police (PDI) have legal responsibility for law enforcement and maintenance of order, including migration and border enforcement, within the country. The Ministry of the Interior oversees both forces. The INDH monitors complaints and allegations of abuse.

Civilian authorities generally maintained effective control over the Carabineros and the PDI, and the government has mechanisms to investigate and punish abuse and corruption. The military justice system investigates alleged abuses by Carabineros, and the civilian criminal justice system investigates allegations of abuse by PDI officers. A November 11 law defining torture in the criminal code requires all alleged cases of torture or cruel, inhuman, and degrading treatment by any state actor be investigated by the civilian criminal justice system. The NGO Human Rights Watch reported concern that military courts were not fully transparent or independent.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Only public officials expressly authorized by law may arrest or detain citizens and generally did so openly with warrants based on sufficient evidence brought before an independent judiciary. Authorities must immediately inform a prosecutor of an arrest and generally did so.

The prosecutor must open an investigation, receive a statement from the detainee, and ensure that the detainee is held at a local police station until the detention control hearing. Detention control hearings are held twice daily, allowing for a judicial determination of the legality of the detention within 24 hours of arrest. Detainees must be informed of their rights, including the right to an attorney and the right to remain silent until an attorney is present. Public defenders are provided for detainees who do not hire their own lawyer. Authorities must expedite notification of the detention to family members. If authorities do not inform detainees of their rights upon detention, the judge can declare the process unlawful during the detention control hearing.

The law allows judges to set bail, grant provisional liberty, or order continued detention as necessary for the investigation or the protection of the prisoner or the public.

The law affords detainees 30 minutes of immediate and subsequent daily access to a lawyer (in the presence of a prison guard) and to a doctor to verify their physical condition. Regular visits by family members are allowed.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained are entitled to challenge the legal basis or arbitrary nature of their detention and obtain prompt release and may sue for compensation if found to have been unlawfully detained by judicial error.

Colombia

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports the government or its agents committed arbitrary or unlawful killings, and related investigations and prosecutions proceeded slowly (see section 1.g.).

There was a reduction in violence due to progress in the peace process between the government and the FARC, including the implementation of a bilateral ceasefire August 29. The UN Office of the High Commissioner for Human Rights (OHCHR) 2015 annual report stated the peace negotiations “prevented many human rights violations.” During the year the Conflict Analysis Research Center (CERAC) reported levels of violence in the country fell to their lowest in 52 years in terms of the number of victims, combatants killed and injured, and the number of violent acts. According to CERAC, offensive actions against the FARC fell 98 percent, combat between the armed forces and the FARC dropped by 91 percent, overall civilian casualties fell by 98 percent, and overall combatant deaths dropped by 94 percent. The OHCHR and CERAC attributed these trends to confidence-building measures, such as the unilateral ceasefire by the FARC, and the high level of compliance with the bilateral ceasefire.

In February members of the army allegedly killed Gilberto de Jesus Quintero in the department of Antioquia. Security forces claimed that Quintero was a suspected member of the ELN, according to media. As of October 20, the government had failed to investigate the case.

From January 1 through July, the Attorney General’s Office registered 291 new cases of alleged aggravated homicides by state agents. During the same period, authorities formally accused 393 members of the security forces and arrested 445 for aggravated homicide or homicide of a civilian, 45 of them for crimes that occurred prior to 2015.

There were developments in efforts to hold officials accountable in false positive cases, in which thousands of civilians were allegedly killed and falsely presented as guerrilla combatants in the late 1990s to mid-2000s. In February Colonel Robinson Gonzalez del Rio, convicted and sentenced in 2015 to a total of 67 years in prison and a fine of more than 1.8 billion Colombian Pesos (COP) ($6 million) for the unlawful killing of 34 civilians presented as “false positives,” was sentenced to an additional 37 years and six months in prison for the deaths of Javier Moreno and Janio Sepulveda in 2007 in Caldas Department.

Investigations of generals allegedly implicated in false positive cases continued. In April 2015 the former attorney general stated publicly that his office was investigating 22 generals for alleged involvement in false positives cases. In August the Attorney General’s Office subsequently clarified that the number of investigations against generals (including retired generals) involving homicides was actually 15, rather than 22. As of August the Attorney General’s Office stated 12 cases involving generals were in the preliminary investigation phase, and investigations against three generals had been closed.

On March 28, the Attorney General’s Office announced General Henry William Torres Escalante and former army commander general Mario Montoya Uribe would be formally charged for their alleged connections to false positive cases. The attorney general found that General Torres Escalante was pivotal in the homicide of Daniel Torres Arciniegas and his son Roque Julio Torres, who were falsely presented as FARC members killed in combat in 2007. On March 28, authorities arrested Torres Escalante, which marked the first instance an active-duty general faced criminal charges related to the false positives scandal. He was called to trial in August.

General Montoya faced charges in connection with his alleged involvement in seven false positive cases and awaited arraignment as of mid-October. He was accused of supporting paramilitary groups and actions in operations such as Operation Orion, a 2002 military offensive against guerrillas in Medellin.

On June 1, Commander of the Armed Forces General Mejia and Minister of Defense Villegas publicly honored Sergeant Carlos Mora, a whistleblower in the false positives scandal. Mejia urged the army’s leadership to hold themselves and their units to the highest standards of transparency and to respect human rights and international humanitarian law.

The OHCHR reported it registered seven possible cases of “illegal deprivation of the right to life” alleged to have been committed by security force members from January 1 through July 31. In several cases military officials stated they believed an individual was fighting on behalf of the FARC, while community members claimed the victim was not a combatant. In other cases military officials stated the killings were military mistakes.

Human rights organizations, victims, and government investigators accused some members of government security forces, including enlisted personnel, noncommissioned officers, and officers, of collaborating with or tolerating the activities of organized criminal gangs, which included some former paramilitary members.

According to the Attorney General’s Office, during the year through September 30, authorities arrested and charged 24 government employees, including 23 members of the National Police, with having links to illegal armed groups, mainly the group known as Gulf Clan, previously known as Clan Usuga or the Gaitanista Self-Defense Forces of Colombia.

On January 17, in Caceres, Antioquia Department, Melisa Espitia Mazo, a pregnant 14-year-old, was killed during a military operation against criminal groups. The army recognized its responsibility in Espitia’s death and apologized for what it stated was a military error. The Antioquia branch of the Attorney General’s Office launched an investigation to clarify the circumstances of the death; as of October, there were no arrests or charges related to the case.

Investigations of past killings proceeded, albeit slowly. The Attorney General’s Office reported that during the year through July, it obtained 117 new convictions of security force members in cases involving homicide of a “protected person” (i.e., civilians and others accorded such status under international humanitarian law), 161 new convictions in cases involving aggravated homicide, and 191 new convictions in cases involving “simple homicide” committed by security force members.

On March 16, two former paramilitary members, Dalson Lopez Simanca and Jose Luis Conrado Perez, were sentenced to 40 years’ imprisonment for their involvement in the 1995 El Aracatazzo massacre, in the municipality of Chigorodo, in which members of the military, along with members of paramilitary groups, allegedly tortured and killed 18 civilians.

On March 1, the Justice and Peace Tribunal, following an investigation begun in 2014, forwarded evidence to the Attorney General’s Office to initiate investigations against retired generals Oscar Botero Cardona and German Morantes Hernandez for human rights violations.

The Colombia-Europe-United States Coordination Group and other nongovernmental organizations (NGOs) considered organized criminal bands to be a continuation of former paramilitary groups and in some cases accused elements of the government of collaborating with those groups to commit human rights violations. The government acknowledged that some former paramilitary members were active in organized criminal gangs but noted the gangs lacked the national, unified command structure and explicit ideological agenda that defined past paramilitary groups, including the disbanded United Self-Defense Forces of Colombia (AUC). The NGOs also included killings by these groups in their definition of “unlawful killings” (see section 1.g.).

According to the NGO Landmine Monitor, nonstate actors, particularly the ELN, planted IEDs and land mines (see section 1.g.).

Guerrillas, notably the ELN, committed unlawful killings. Organized criminal groups (some of which included former members of paramilitary groups) committed numerous political and unlawful killings, primarily in areas under dispute with guerrillas or without a strong government presence (see section 1.g.).

The investigation into the killing in 2012 of land restitution leader Manuel Ruiz and his son, Samir, continued under the direction of the Office of the Attorney General’s National Directorate for Human Rights and International Humanitarian Law. On May 4, Manuel’s and Samir’s bodies were exhumed in coordination with the Justice and Peace Commission, international observers, and local leaders.

d. Arbitrary Arrest or Detention

Although the law prohibits arbitrary arrest and detention, there were allegations that authorities detained citizens arbitrarily. CINEP reported 176 cases of arbitrary detention committed by state security forces during the year through September 9 (six committed by the attorney general’s Corps of Technical Investigators (CTI), 22 by the armed forces, and 148 by police).

ROLE OF THE POLICE AND SECURITY APPARATUS

The Colombian National Police (CNP) is responsible for internal law enforcement and is under the jurisdiction of the Ministry of Defense. The Migration Directorate, part of the Ministry of Foreign Affairs, is the immigration authority. The CNP shares law enforcement investigatory duties with the CTI. In addition to its responsibility to defend the country against external threats, the army shares limited responsibility for law enforcement and maintenance of order within the country. For example, military units sometimes provided logistical support and security for criminal investigators to collect evidence in high-conflict or remote areas. The government continued to expand education and training of the armed forces in human rights and international humanitarian law.

By law the Attorney General’s Office is the main entity responsible for investigating allegations of human rights abuses by security forces. Of these alleged abuses, extrajudicial killings were the highest profile and most controversial. The CTI, which consists of civilian authorities under the Attorney General’s Office, typically investigated deaths resulting from action by security forces when there were allegations of foul play. In some cases the first responders were CNP members, who then investigated the death. Some NGOs complained that military investigators, not members of the Attorney General’s Office, were sometimes the first responders in cases of deaths resulting from actions of security forces and might make decisions about possible foul play.

The government made improvements in investigating and trying abuses, but NGO claims continued of impunity for security force members. This was due in some cases to obstruction of justice, opacity in the process by which cases are investigated and prosecuted in the military justice system, and a lack of resources for investigations. Inadequate protection of witnesses and investigators, delay tactics by defense attorneys, the judiciary’s failure to exert appropriate controls over dockets and case progress, and inadequate coordination among government entities that sometimes allowed statutes of limitations to expire, resulting in a defendant’s release from jail before trial were also significant obstacles.

The military functions under both the old inquisitorial and a newer accusatory system. The military had not trained its criminal justice actors to operate under the accusatory system, which they were to begin to implement during the year. The military also had not developed an interinstitutional strategy for the recruiting, hiring, or training investigators, crime scene technicians, or forensic specialists, which is required under the accusatory system. As such, the military justice system did not exercise criminal investigative authority; all new criminal investigations duties are conducted by CNP judicial police investigators.

The Attorney General’s Office continued investigations into numerous generals and field-grade officers for involvement in alleged false positive cases and other abuses (see section 1.a.).

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Authorities must bring detained persons before a judge within 36 hours to determine the validity of the detention, bring formal charges within 30 days, and start a trial within 90 days of the initial detention. Bail is generally available except for serious accusations, such as murder, rebellion, or narcotics trafficking. Public defenders contracted by the Office of the Ombudsman assisted indigent defendants. Detainees received prompt access to legal counsel and family members as provided for by law. Authorities generally respected these rights.

Arbitrary Arrest: The law prohibits arbitrary arrest and detention; however, this requirement was not always respected. NGOs characterized some arrests as arbitrary detention: arrests allegedly based on tips from informants about persons linked to guerrilla activities, detentions by members of the security forces without a judicial order, detentions based on administrative authority, detentions during military operations or at roadblocks, large-scale detentions, and detentions of persons while they were “exercising their fundamental rights.”

Pretrial Detention: The judicial process moved slowly, and the civilian judicial system suffered from a significant backlog of cases, which led to large numbers of pretrial detainees. The failure of many local military commanders and jail supervisors to keep mandatory detention records or follow notification procedures made accounting for all detainees difficult. No information was available on the percent of detainees in pretrial detention or the average length of time detainees spent in pretrial detention. In some cases detainees were released without a trial because they already served more than one-third of the maximum sentence that corresponded to their charges.

Civil society groups complained that authorities subjected some community leaders to extended pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Article 30 of the constitution guarantees habeas corpus review for all detainees. Such reviews must be completed within 36 hours. In the case of an illegal deprivation of freedom or illegal detention, Article 90 of the constitution provides for the government to compensate the victim.

Costa Rica

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. The Inspection Tribunal of the Judicial Branch acquitted nine Judicial Investigative Organization (OIJ) officers of responsibility for the death of an OIJ officer who died during an unauthorized training exercise in May 2015.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The country has no military forces. Civilian authorities maintained effective control over the 13 agencies that have law enforcement components, including the judicial branch’s Judicial Investigative Organization. The Ministry of Public Security is responsible for the uniformed police force, drug control police, border police, air wing, and coast guard. The Immigration Office of the Ministry of Interior is responsible for the immigration police. The Ministry of Public Works and Transportation supervises the traffic police, the Ministry of Environment supervises park police, and the Ministry of Justice manages the penitentiary police. Several municipalities manage municipal police forces. The government has effective mechanisms to investigate and punish abuse and corruption. There were no reports of impunity involving the security forces during the year. The number of licensed private security services was significantly greater than the number of police (27,625 agents compared to 13,459 uniformed police officers). There were no reports of impunity involving the private security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires issuance of judicial warrants before making arrests, except where probable cause is evident to the arresting officer. The law entitles a detainee to a judicial determination of the legality of detention during arraignment before a judge within 24 hours of arrest. The law provides for the right to post bail and prompt access to an attorney and family members. Authorities generally observed these rights. Indigent persons have access to a public attorney at government expense. Those without sufficient personal funds are also able to use the services of a public defender. With judicial authorization, authorities may hold a suspect incommunicado for 48 hours after arrest or, under special circumstances, for up to 10 days. Special circumstances include cases in which pretrial detention previously was ordered and there is reason to believe a suspect may reach an agreement with accomplices or may obstruct the investigation. Suspects were allowed access to attorneys immediately before submitting statements before a judge. Authorities promptly informed suspects of any offenses under investigation. Habeas corpus provides legal protection for citizens against threats from police; it also requires judges to give a clear explanation of the legal basis for detention of and evidence against a suspect.

Pretrial Detention: A criminal court may hold suspects in pretrial detention for up to one year, and the court of appeals may extend this period to two years in especially complex cases. The law requires a court review every three months of cases of suspects in pretrial detention to determine the appropriateness of continued detention. If a judge declares a case is related to organized crime, special procedural rules require that the period of pretrial detention not exceed 24 months (although the court of appeals may grant one extension not to exceed an additional 12 months). Authorities frequently used pretrial detention. According to the Ministry of Justice, as of March 31, persons in pretrial detention constituted approximately 18 percent of the prison population. In some cases delays were due to pending criminal investigations and lengthy legal procedures. In other cases the delays were a result of court backlogs.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

Cuba

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no confirmed reports that the government or its agents committed arbitrary or unlawful killings during the year.

d. Arbitrary Arrest or Detention

Arbitrary arrests and short-term detentions continued to be a common government method for controlling independent public expression and political activity. By law police have wide discretion to stop and question citizens, request identification, and carry out arrests and searches. Police used laws against public disorder, contempt, lack of respect, aggression, and failing to pay minimal or arbitrary fines as ways to detain civil society activists. Police officials routinely conducted short-term detentions, at times assaulting detainees. The law provides that police officials furnish suspects a signed “act of detention,” noting the basis, date, and location of any detention in a police facility and a registry of personal items seized during a police search, but this law was not always followed. Arbitrary stops and searches were most common in urban areas and at government-controlled checkpoints at the entrances to provinces and municipalities.

Police and security officials continued to use short-term and sometimes violent detentions to prevent independent political activity or free assembly. Such detentions generally lasted from several hours to several days. The CCDHRN counted 9,940 detentions through the end of the year, compared with 8,616 in 2015. Members of the #TodosMarchamos campaign, which included Damas de Blanco, reported weekly detentions of members to prevent demonstrations. The largest opposition group, Patriotic Union of Cuba (UNPACU), also reported an increase in short-term detentions. Long-term imprisonment of peaceful government critics, while rare, sometimes occurred. In December UNPACU published a list of 46 political prisoners throughout the country serving more than one month in prison for reported peaceful protests or assemblies.

The law allows a maximum four-year preventive detention of individuals not charged with an actual crime, with a subjective determination of “potential dangerousness,” defined as the “special proclivity of a person to commit crimes, demonstrated by conduct in manifest contradiction of socialist norms.” Mostly used as a tool to control “antisocial” behaviors, such as substance abuse or prostitution, authorities also used such detention to silence peaceful political opponents. On March 14, authorities charged UNPACU activist Luis Bello Gonzalez with precriminal social dangerousness and sentenced him to three years in prison. UNPACU leaders alleged authorities arrested and charged Gonzalez because of his regular participation in protests alongside other UNPACU members.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior exercises control over police, internal security forces, and the prison system. The ministry’s National Revolutionary Police is the primary law enforcement organization. Specialized units of the ministry’s state security branch are responsible for monitoring, infiltrating, and suppressing independent political activity. The police supported state security agents by carrying out house searches, arresting persons of interest to the ministry, and providing interrogation facilities.

The police routinely violated procedural laws with impunity and at times failed or refused to provide citizens with legally required documentation, particularly during arbitrary detentions and searches. Security force members also committed civil rights and human rights abuses with impunity.

Although the law on criminal procedure prohibits the use of coercion during investigative interrogations, police and security forces at times relied on aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported that officers intimidated them with threats of long-term detention, loss of child custody rights, denial of permission to depart the country, and other punishments.

There were no official mechanisms readily available to investigate government abuses.

Undercover police and Ministry of Interior agents were often present and directed activities to disrupt efforts at peaceful assembly (see section 2.b.).

According to independent reports, state-orchestrated counter protests directed against independent civil society groups and individuals, including the Damas de Blanco and other organizations, were organized to prevent meetings or to shame participants publicly (see section 2.a.). The Damas de Blanco and other members of the #TodosMarchamos campaign experienced weekly government-sponsored counter protests at their usual gathering place in Havana from January until March, when the government shut down the demonstrations altogether. Government-sponsored counter protests continued for several months outside of the Damas de Blanco headquarters to prevent large demonstrations by activists.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Under criminal procedures, police have 24 hours after an arrest to present a criminal complaint to an investigative police official. The investigative police have 72 hours to investigate and prepare a report for the prosecutor, who in turn has 72 hours to recommend to the appropriate court whether to open a criminal investigation.

Within the 168-hour detention period, detainees must be informed of the basis for the arrest and criminal investigation and have access to legal representation. Those charged may be released on bail, placed in home detention, or held in continued investigative detention. Once the accused has an attorney, the defense has five days to respond to the prosecution’s charges, after which a court date usually is set. Prosecutors may demand summary trials “in extraordinary circumstances” and in cases involving crimes against state security.

There were reports that defendants met with their attorneys for the first time only minutes before their trials and were not informed of the basis for their arrest within the required 168-hour period.

Reports suggested bail was available, although typically not granted to those arrested for political activities. Time in detention before trial counted toward time served, if convicted.

Detainees may be interrogated at any time during detention and have no right to request the presence of counsel during interrogation. Detainees have the right to remain silent, but officials do not have a legal obligation to inform them of that right.

By law investigators must complete criminal investigations within 60 days. Prosecutors may grant investigators two 60-day extensions upon request, for a total of 180 days of investigative time. The supervising court may waive this deadline in “extraordinary circumstances” and upon special request by the prosecutor. In that instance no additional legal requirement exists to complete an investigation and file criminal charges, and authorities may detain a person without charge indefinitely.

Arbitrary Arrest: Officials often disregarded legal procedures governing arrest, detaining suspects longer than 168 hours without informing them of the nature of the arrest or affording them legal counsel.

Pretrial Detention: The government held detainees for months or years in investigative detention, in both political and nonpolitical cases. In nonpolitical cases delays were often due to bureaucratic inefficiencies and a lack of checks on police.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detainees are able to challenge in court the legal basis or arbitrary nature of their detention, but these challenges were rarely successful, especially regarding detentions alleged to have been politically motivated. On December 6, the mother of graffiti artist Danilo Maldonado, known as “El Sexto,” petitioned the court for a writ of habeas corpus after authorities detained her son on November 26; El Sexto had painted graffiti on an exterior wall of a Havana hotel. The court denied the petition, and his mother submitted a second petition on December 13, which remained pending at year’s end.

Dominican Republic

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that the government or its agents committed arbitrary or unlawful killings. The National Human Rights Commission (NHRC) reported more than 180 extrajudicial killings by police forces through September. The Attorney General’s Office reported 74 extrajudicial killings through June.

Violence connected to the 2016 national elections resulted in six deaths, but there were no reports that government agents or security forces were involved in the violence. Prior to the elections, on March 11, an intrapolitical party conflict resulted in the killing of one man. Authorities arrested the alleged perpetrator who, as of November, was incarcerated pending trial. The attorney general alleged the incident arose from a dispute over the party’s congressional candidate selection.

d. Arbitrary Arrest or Detention

The constitution prohibits detention without a warrant unless authorities apprehend a suspect during the commission of a criminal act or in other special circumstances but permits detention without charge for up to 48 hours. Arbitrary arrest and detention continued to be problems, and there were numerous reports of individuals held and later released with little or no explanation for the detention. NGOs reported that many of the detainees were taken into custody at the scene of a crime or during drug raids. In many instances authorities fingerprinted, questioned, and then released those detainees.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Interior and Police oversees the National Police, Tourist Police, and Metro Police. The Minister of Armed Forces directs the military, Airport Security Authority and Civil Aviation, Port Security Authority, and Border Security Corps. The National Department of Intelligence and the National Drug Control Directorate, which have personnel from both police and armed forces, report directly to the president.

Police operated in a dangerous environment. Gun ownership was widespread, and crime and homicides were common, especially in urban areas. The Attorney General’s Office reported 74 extrajudicial killings through June, of which it prosecuted 18 cases. Authorities fired or prosecuted police officers found to have acted outside of established police procedures. The Internal Affairs Unit investigated charges of gross misconduct by members of the National Police. These cases involved physical or verbal aggression, threats, improper use of a firearm, muggings, and theft.

Training for military and the National Drug Control Directorate enlisted personnel and officers and the National Police included instruction on human rights. The Ministry of the Armed Forces provided human rights training or orientation to officers of various ranks as well as to civilians during the year. The Border Security Corps conducted mandatory human rights training at its training facilities for border officers. The Graduate School of Human Rights and International Humanitarian Rights trained civilians and armed forces personnel. The school also had programs in which members of the armed forces and civilians from Congress, district attorney offices, the Supreme Court, government ministries, the National Police, and the Central Electoral Board participated.

In July the government approved a police reform law to curb corruption, improve training, and increase transparency.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution provides that an accused person may be detained for up to 48 hours without a warrant before being presented to judicial authorities. The law also permits police to apprehend without an arrest warrant any person caught in the act of committing a crime or reasonably linked to a crime, such as in cases involving hot pursuit or escaped prisoners. Police sometimes detained suspects for investigation or interrogation longer than 48 hours. Police often detained all suspects and witnesses to a crime. Successful habeas corpus hearings reduced abuses of the law significantly. There was a functioning bail system. There was also a functioning system of house arrest.

The law requires provision of counsel to indigent defendants, although staffing levels were inadequate to meet demand. The NOPD represented defendants in approximately 80 percent of all criminal cases brought before the courts, although geographically they covered only 13 of 34 judicial districts. Many detainees and prisoners who could not afford private counsel did not have prompt access to a lawyer. Prosecutors and judges handled interrogations of juveniles, which the law prohibits by or in the presence of police.

Arbitrary Arrest: Police made sporadic sweeps or roundups in low-income, high-crime communities during which they arrested and detained individuals without warrants. During these sweeps police arrested large numbers of residents and seized personal property allegedly used in criminal activity. Through July the NOPD reported 525 cases of arbitrary arrest, based on their statistics of cases where authorities subsequently released defendants because of a lack of judicial authorization. The Attorney General’s Office reported a decrease in arbitrary arrests connected to mass arrests at the scene of a crime due to training conducted in concert with human rights NGOs.

Pretrial Detention: Many suspects endured long pretrial detention. Under the criminal procedures code, a judge may order a detainee to remain in police custody between three and 18 months. According to the Directorate of Prisons, 62 percent of inmates were in pretrial custody. The average pretrial detention time was typically three months, but there were reports of cases of pretrial detention lasting up to three years. Time served in pretrial detention counted toward completing a sentence.

The failure of prison authorities to produce detainees for court hearings caused some trial postponements. Many inmates had their court dates postponed because they lacked transportation from prison to court or because their lawyer, codefendants, or witnesses did not appear. Despite additional protections for defendants in the criminal procedures code, in some cases authorities held inmates beyond the legally mandated deadlines although there were no formal charges against them.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Any prisoner detained for more than 48 hours without formal charges is entitled to file a motion of habeas corpus. The presiding judge at such a hearing is empowered to order the prisoner’s release. The judge’s decision to release a prisoner is subject to appeal by the district attorney.

Protracted Detention of Rejected Asylum Seekers or Stateless Persons: There were isolated cases of asylum seekers detained due to a lack of documentation (see sections 2.d. and 6).

Ecuador

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary killings. Credible reports continued that security forces, particularly police units, used excessive force and committed isolated unlawful killings.

In November 2015 Francisco Cajigas, a Colombian citizen, was found dead, two weeks after the police detained him outside his house in Ibarra for allegedly breaking a car’s mirror. After the autopsy and investigation process, Cajigas’ family received his body with his cranium missing. On May 26, Vice Minister of Interior Diego Fuentes stated that an investigation was underway to determine possible police responsibility. In June the director of the Truth and Human Rights Commission of the Prosecutor’s Office stated that an investigation was in progress due to allegations that Cajigas was a victim of an extrajudicial execution. According to local human rights activists, the prosecutor in charge failed to perform a thorough forensic examination at the start of the investigation. On October 10, the Attorney General’s Office conducted a crime scene reconstruction.

A Quito-based human rights organization reported that an investigation continued into the death of John Jairo Urrutia Guaman, a 15-year-old who died in December 2015 while in police custody. As of December 7, the investigation remained in progress.

Human rights organizations reported additional alleged unlawful killings by security forces in Guayaquil and Carapungo, but no additional public information was available regarding law enforcement investigations.

d. Arbitrary Arrest or Detention

The constitution and other laws prohibit arbitrary arrest and detention, but there were reports that national, provincial, and local authorities in some cases did not observe these provisions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police maintain internal security and law enforcement. The military is responsible for external security but also has some domestic security responsibilities, including combating organized crime. Both the police and military are in charge of border enforcement. Migration officers are civilians and report to the Ministry of Interior. The National Police are under the authority of the Ministry of Interior, and the military is under the supervision of the Ministry of Defense. The National Police’s internal affairs unit investigates killings by police and examines whether they were justified. The unit can refer cases to the courts. An intelligence branch within the military has a role similar to the police internal affairs unit. The law states that the Public Prosecutor’s Office must be involved in all investigations concerning human rights abuses, including unlawful killings and forced disappearance.

Corruption, insufficient training, poor supervision, and a lack of resources continued to impair the effectiveness of the National Police.

Civilian authorities maintained effective control over the police and the armed forces. The government has mechanisms to investigate and punish abuse and corruption, although some problems with impunity existed. According to official figures published on February 28, the National Police expelled 866 officials from its ranks between 2013 and 2016, including 83 during the first two months of the year. In late December 2015, media reported the arrests of 19 police officers involved in a corruption scheme that sold “passes” (workplace transfers) to other officers for $1,500 to $2,000 per pass (country’s official currency is U.S. dollar). On May 30, El Universonewspaper reported that 27 former police officers were initially linked to the process. Four individuals were convicted, the prosecutors dropped charges against five individuals, and court proceedings continued against 17 other former police officers. On September 5, 15 police officers–including the former commandant of the National Police, Fausto Tamayo–and a civilian participated in a hearing held at the National Court of Justice. On October 31, the Provincial Criminal Court of Pichincha sentenced Tamayo and Lieutenant Alexis Cifuentes to 13 years and three months in prison for organized delinquency. On December 3, state-owned media outlet El Telegraforeported that the Provincial Criminal Court of Pichincha sentenced nine defendants to nine years and three months in prison, while other individuals received sentences ranging from 10 months to five years.

Police receive required human rights instruction in basic training and in training academies for specialized units. In the police academy, human rights training is integrated throughout a cadet’s four-year instruction. Additionally, there is a mandatory human rights training regimen concerning preservation of life and human rights, along with a human rights handbook. There were reports that police officers complained to local nonprofit groups about the lack of knowledge and preparation of police instructors teaching human rights in the academy. Authorities offered other human rights training intermittently. The government continued to improve the preparedness of police, including increasing funding, raising salaries, and purchasing equipment.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires authorities to issue specific written arrest orders prior to detention, and a judge must charge a suspect with a specific criminal offense within 24 hours of arrest. Authorities generally observed this time limit, although in some provinces initial detention was often considerably longer. Detainees have the right to be informed of the charges against them. By law, if the initial investigation report is incriminating, the judge, upon the prosecutor’s request, may order pretrial detention.

Detainees have a constitutional right to an attorney. Indigents have the right to request a court-appointed attorney from the autonomous Public Defenders’ Office. Although the number of available court-appointed defenders was higher than in previous years, the high number of cases and limited time they had to prepare for the defense of the detainees continued to represent a disadvantage during trials.

Although the law entitles detainees prompt access to lawyers and family members, human rights organizations continued to report delays depending on the circumstances and officials’ willingness to enforce the law.

Pretrial Detention: Corruption; a lack of resources to train police, prosecutors, public defenders, and judges; and general judicial inefficiency caused trial delays. On June 28, a government delegation stated during its presentation to the UN Human Rights Committee that 30 percent of the 26,421 persons in detention had not received sentences.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Detained persons may challenge the legality of their detention through an appeal to any judge in the locality where the detention took place, and there is no time limit in which such an appeal must be filed. The detainee may also request bail or other alternatives (for example, house arrest or probation) to pretrial detention. Such alternatives are allowed only in cases of crimes punishable with prison terms of less than five years.

El Salvador

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

During the year there were no verified reports that the government or its agents committed politically motivated killings. There were reports, however, of security force involvement in unlawful killings. As of October the attorney general was investigating 53 possible cases of extrajudicial killings. One took place in 2013, none in 2014, 11 in 2015, and 41 in 2016. The Attorney General’s Office also announced the formation of a Special Group Against Impunity, dedicated to investigating this type of crime. As of March the Office of the Human Rights Ombudsman (PDDH) had received 12 complaints of alleged unlawful killings committed by security, military, and other public officials and found substantial evidence in two cases. In September the PDDH stated that it was aware of approximately 50 cases involving potential extrajudicial killings. From January to July, the Office of the Inspector General of the National Civilian Police (PNC) reported that 12 PNC officers faced charges of homicide. All but one of the alleged homicides were committed while the accused officers were on duty.

On April 25, the PDDH found indications that the PNC and the armed forces had committed extrajudicial killings during the March 2015 San Blas case (involving the killing of seven alleged gang members and one other person) and the August 2015 Pajales case (which involved the close-range killing of four unarmed gang members). The PDDH criticized the PNC and the armed forces for issuing a press release portraying the killings as the product of clashes with gang members. The PDDH also noted weak internal controls in the PNC and the armed forces and regretted the lack of interagency collaboration in the investigations. On July 9, the attorney general ordered the arrest of seven police officers accused of committing extrajudicial killings in the San Blas case on charges of homicide and obstruction of justice. Seven officers were charged in the Pajales case, although there was no confirmation arrests were made.

On July 9, the Attorney General’s Office ordered the arrest of five police officers and five civilians for their participation in at least eight homicides as part of an alleged extermination group operating in San Miguel; on July 13, a judge ordered preventive detention of the accused. Eleven additional defendants fled from justice, according to the Attorney General’s Office. Funding for the extermination group reportedly came from Salvadorans living abroad.

The nongovernmental organization (NGO) Cristosal compared PNC data that showed 366 armed confrontations through July 2016, during which 350 suspected gang members died. A total of 359 suspected gang members were killed in 676 armed confrontations in 2015, and 83 were killed in 256 confrontations in 2014. The mortality rate of suspected gang members in confrontations with police during the first six months of the year was 109 percent higher (i.e., more than double) that the 2015 mortality rate, which was itself 41 percent higher than in 2014. On October 4, the digital newspaper El Faro cited a Brazilian expert who analyzed PNC data and concluded that the data demonstrated a pattern of abuse of lethal force by police authorities.

As of August, the Office of the Inspector General of the Ministry of Public Security and Justice had received two complaints of extrajudicial killings against police members and two complaints for violations to the right of life.

d. Arbitrary Arrest or Detention

Although the constitution prohibits arbitrary arrest and detention, there were numerous complaints that the PNC and military forces arbitrarily arrested and detained persons. As of August, the Office of the Inspector General had received 45 complaints against police officers for alleged violations of freedom of movement. NGOs reported that the PNC had arbitrarily arrested and detained groups of persons on suspicion of gang affiliation. According to these NGOs, the accused were ostracized by their communities upon their return, even when they were not affiliated with gangs.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNC, overseen by the Ministry of Justice and Public Security, is responsible for maintaining public security, and the Ministry of Defense has responsibility for maintaining national security. Although the constitution separates public security and military functions, it allows the president to use the armed forces “in exceptional circumstances” to maintain internal peace and public security “when all other measures have been exhausted.” President Sanchez Ceren renewed the decree authorizing military involvement in police duties through the end of the year.

The three quick reaction military battalions that were created in 2015 to support PNC operations and whose troops have arrest and detention authority continued to operate. The military is responsible for securing the international border and conducting joint patrols with the PNC.

On April 20, the government announced the launch of the Fast Reaction Force (FERES), a joint operation consisting of two 200-officer police units supported by 250 Special Forces military soldiers. Battalion soldiers are legally able under citizen’s arrest authority to detain persons they believe have committed criminal acts.

In response to an alleged rise in extrajudicial killings, the PNC in January launched a newly organized internal investigative office, the Secretariat for Professional Responsibility. The body is composed of a Complaints Office, a Disciplinary Office, and the Inspector General’s Office.

From January to August, the Inspector General’s Office received 492 complaints of human rights violations–31 for inhuman and cruel treatment, 181 for physical abuse, 117 for personal security, 40 for violence against women (including rape and sexual abuse), 15 for failure to provide access to justice, two for extrajudicial killing, and two for deprivation of life. The Inspector General’s Office referred three of the cases to the Attorney General’s Office for possible criminal charges.

In June the PDDH released its annual findings on the status of human rights. The report stated that, between June 2015 and May 2016, the PDDH received 1,883 complaints of human rights violations, 1,284 of which were reportedly committed by the PNC and the military.

Inadequate training, lack of enforcement of the administrative police career law, arbitrary promotions, insufficient government funding, failure to enforce evidentiary rules effectively, and instances of corruption and criminality limited the PNC’s effectiveness. The PDDH has the authority to investigate (but not prosecute) human rights abuses and refers all cases it deems to involve human rights abuse to the Attorney General’s Office.

In May PNC director Howard Cotto stated that since January 80 police officers had been arrested for illicit activities, such as extortion, theft, and murder for hire. In June the Inspector General’s Office reported that it sanctioned 781 officers in response to complaints filed during the year and in prior years. These sanctions included 84 arrests and 165 officers suspended without pay. As of July 18, the Attorney General’s Office reported that it had filed charges against 587 police officers and 14 judges for unspecified crimes. The office also reported that it successfully convicted 15 police officers for criminal activities.

The Inspector General’s Office and the Ministry of Defense Human Rights Office reported most PNC officers, police academy cadets, and all military personnel had received human rights awareness training, including training by the Salvadoran Institute for the Development of Women, the Human Rights Institute of the University of Central America, and the Inter-American Institute of Human Rights. The Inspector General’s Office reported that 633 police officers received human rights training in the past year. The Ministry of Defense Human Rights Office reported that 6,097 soldiers received human rights training during the year.

On May 29, the PNC revised its guidelines on the use of force to improve accountability of police personnel. The guidelines specifically outline situations that permit the use of force, proportionality of force for various confrontational situations, and internal investigation procedures for alleged misconduct.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution requires a written warrant of arrest except in cases where an individual is in the act of committing a crime. Authorities apprehended persons with warrants based on evidence and issued by a duly authorized official. Police generally informed detainees promptly of charges against them.

The law permits release on bail for detainees who are unlikely to flee or whose release would not impede the investigation of the case. The bail system functioned adequately in most cases. The courts generally enforced a ruling that interrogation without the presence of counsel is coercive and that evidence obtained in such a manner is inadmissible. As a result, PNC authorities typically delayed questioning until a public defender or an attorney arrived. Detainees normally had access to counsel of their choice or to an attorney provided by the state. The constitution permits the PNC to hold suspects for 72 hours before presenting them to court, after which the judge may order detention for an additional 72 hours to determine if an investigation is warranted. The law allows up to six months for investigation of serious crimes before requiring either a trial or dismissal of the case. In exceptionally complicated cases, the prosecutor may ask an appeals court to extend the deadline for three or six months, depending on the seriousness of the crime. Many cases continued beyond the legally prescribed period.

Arbitrary Arrest: As of November 8, the PDDH reported 62 complaints of arbitrary detention or illegal detention during the year.

Pretrial Detention: Lengthy pretrial detention was a significant problem. As of June 30, 29 percent of the general prison population was in pretrial detention. Lengthy legal procedures, large numbers of detainees, judicial inefficiency, corruption, and staff shortages caused trial delays. Because it could take several years for a case to come to trial, some persons remained in pretrial detention longer than the maximum legal sentences for their alleged crimes. In such circumstances, detainees may request a Supreme Court review of their continued detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The constitution grants detainees the right to a prompt judicial determination on the legality of their detention, and persons arrested or detained may obtain prompt release and compensation if found to have been unlawfully detained. In some cases persons were not promptly released and/or did not receive compensation for unlawful detention.

Guatemala

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings. As of August 31, the PNC and its Office of Professional Responsibility (ORP), the mechanism for investigating security force abuses, reported no complaints of homicide. The Human Rights Ombudsman’s Office (PDH), however, reported one complaint of murder, and the Attorney General’s Office, commonly known as the Public Ministry, reported one case of homicide, three cases of manslaughter, and one case of premeditated murder by PNC officers through August. Local media reported that a PNC officer killed a grocery store owner on January 4 in Santiago Atitlan, Solola. The trial was pending at year’s end.

On October 9, authorities arrested 13 members of the military from the San Juan Sacatepequez military brigade for the alleged extrajudicial killing of Hector Donaldo Contreras Sanchez in December 2015. According to media reports, the soldiers accused Contreras of consuming marijuana and proceeded to beat him unconscious. Forensics report later found no evidence of the victim being under the influence of alcohol or drugs. The case was under Public Ministry investigation at year’s end.

On January 6, the Public Ministry arrested 14 high-ranking former military officers on charges of human rights violations for hundreds of extrajudicial executions during the internal armed conflict (1990-96) at former Military Zone 21, a site currently known as the Regional Training Command for Peacekeeping Operations (CREOMPAZ) in Coban, Verapaz. The CREOMPAZ case was assigned to a high-risk court, a special court created in 2009 with competence to hear cases that pose a serious risk to the judges, the prosecutor, the defense, or any other individual involved in the case. On June 7, the court found sufficient evidence to send eight individuals to trial. On September 14, the Public Ministry appealed the exclusion of a number of charges in the proceedings. At year’s end the trial date had not been confirmed.

Retrial proceedings restarted on March 16 against former head of state Efrain Rios Montt and his intelligence chief, Jose Mauricio Rodriguez Sanchez, in the case of genocide involving the Maya Ixil community. Proceedings had been suspended after the First Court of Appeals ruled that Rios Montt and Rodriguez Sanchez should be tried separately. Rios Montt had been found guilty of genocide and crimes against humanity and was originally sentenced to 80 years in prison. Later the Constitutional Court overturned the conviction on procedural grounds and returned the case to a different court for rehearing. In 2015 a high-risk court determined that Rios Montt was mentally unfit for public trial but ordered that the trial continue behind closed doors and with a guardian present. It also ruled that any verdict could be used only for the application of corrective measures on behalf of the victims and that Rios Montt cannot be sentenced to prison.

On November 16, in a different case against Rios Montt, a high-risk court dismissed a motion by the defense team to suspend criminal prosecution for genocide and crimes against humanity. The defense argued that Rios Montt was mentally unfit to stand trial. The court was scheduled to rule on February 9, 2017, on whether to send Rios Montt to trial. At year’s end the retrial dates had not been set for either case.

As of December the government had paid $14.2 million in reparations to families affected by the Chixoy Hydro-Electric Dam. During the dam’s construction (1975-85), more than 400 individuals died and thousands were displaced. As part of a 2014 reparations agreement, the government agreed to pay $156 million over 15 years in individual and community reparations to those who were affected.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but there were credible reports of extrajudicial arrests, illegal detentions, and denial of timely access to a magistrate and hearing, as required by law.

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNC, which is overseen by the Ministry of Government and headed by a director general appointed by the ministry, is responsible for law enforcement and maintenance of order in the country. The Ministry of National Defense oversees the military, which focuses primarily on operations in defense of the country, but the government also used the army in internal security and policing as permitted by the constitution.

Civilian authorities in some instances failed to maintain effective control over the PNC, and the government lacked effective mechanisms to investigate and punish abuse and corruption. Despite a 5 percent increase in its operating budget, the PNC remained understaffed, inadequately trained, and insufficiently funded, all of which substantially impeded its effectiveness.

There were reports of impunity involving security forces. In cases involving police forces, the ORP is responsible for internal investigations and the Public Ministry is responsible for external investigations. Authorities arrested approximately 272 police officials through August, similar to the previous year’s rate. A Police Reform Commission, established under a previous administration, has a legal mandate to make necessary changes to reform the police forces. Under this framework the commission developed software to improve PNC information systems, including through a new automated victim support system that consolidates information from victims as soon as they interact with PNC at the police station; created a professional school for officers and a formal education policy; and provided almost all of the country’s 54 Victim Support Offices with improved facilities and upgraded information systems.

During the year there were 747 complaints of police extortion and 206 for abuse of authority, compared with 31 and 856, respectively, in 2015. The PNC routinely transferred officers suspected of wrongdoing rather than investigating and punishing them.

Critics accused police of indiscriminate and illegal detentions when conducting antigang operations in some high-crime neighborhoods. Security officials allegedly arrested and imprisoned suspected gang members without warrants or on fabricated drug charges. The local press also reported police involvement in kidnappings for ransom.

On March 3, a soldier, Guilber Josue Barrios, allegedly drugged and raped a 14-year-old student at a civil-military institute administered by the Ministry of Defense. The suspect absconded, which prevented his trial from moving forward. A number of NGOs asserted that the Ministry of Defense demonstrated a lack of effective collaboration with civilian authorities to prevent this type of incident.

The ORP conducted internal investigations of misconduct by police officers. In the first eight months of the year, the ORP reported receiving 1,462 complaints alleging misconduct by police personnel.

All new PNC and military soldiers receive some training in human rights and professional ethics. During the year the Ministry of Defense elevated its Office of Human Rights to a directorate, providing it direct access to the minister; more than doubled its personnel; and conducted active outreach to human rights organizations.

The government took actions to investigate and prosecute cases of sexual abuse from the internal armed conflict period. On February 26, retired army officers Esteelmer Reyes and Heriberto Valdez were sentenced to 120 and 240 years of prison, respectively, for sexual violence and domestic and sexual slavery involving 15 indigenous women in Sepur Zarco in 1982-83.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires presentation of a court-issued warrant to a suspect prior to arrest unless police apprehend a suspect while in the act of committing a crime. Police may not detain a suspect for more than six hours without bringing the case before a judge. Authorities did not regularly respect this right and did not promptly inform some detainees of the charges against them. After arraigning suspects, the prosecutor generally has three months to complete the investigation and file a case in court or seek a formal extension of the detention period. The law prohibits the execution of search warrants between 6 p.m. and 6 a.m. unless the government has declared a state of siege. Judges can order house arrest for some suspects. The law provides for access to lawyers and bail for most crimes. The government provides legal representation for indigent detainees and detainees have access to family members. A judge has the discretion to determine whether bail is permissible for pretrial detainees.

Arbitrary Arrest: There were no reliable data on the number of arbitrary detentions, although most accounts indicated that police continued to ignore writs of habeas corpus in cases of illegal detention, particularly during neighborhood anti-gang operations.

Pretrial Detention: As of September 6, prison system records indicated 46 percent of prisoners were in pretrial detention. The law establishes a three-month limit for pretrial detention but authorities regularly held detainees past their legal trial or release dates. Lengthy investigations and frequent procedural motions by both defense and prosecution often led to lengthy pretrial detentions, delaying trials for months or years. Authorities did not release some prisoners after completing their full sentences due to the failure of judges to issue the necessary court order or other bureaucratic delays.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Suspects are entitled to challenge in court the legal basis or arbitrary nature of their detention. If successful, their release is not immediate and usually takes several days. There was no compensation for those ruled unlawfully detained.

Honduras

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were multiple reports that the government or its agents committed arbitrary or unlawful killings.

Civilian authorities investigated and arrested members of the security forces accused of human rights abuses. Impunity, however, remained a serious problem, with delays in some prosecutions and sources alleging corruption in judicial proceedings.

On March 3, environmental and indigenous activist, Berta Caceres, was killed in her home in Intibuca Department (see also section 6, Indigenous People). In early May the Public Ministry arrested five individuals implicated in her killing, including an active duty Honduran Special Forces officer and a manager at a hydroelectric project that Caceres had actively opposed. Law enforcement authorities arrested a sixth suspect in September. As of November a judge had remanded all six to custody pending trial, and their defense lawyer had submitted a request for dismissal of the charges, which was still pending. The Public Ministry continued its investigation into whether others were involved in planning the crime. The Honduran Armed Forces dishonorably discharged the Special Forces officer implicated in Caceres’ death.

Also in March local and international media reported that corrupt senior police officials working for drug traffickers were responsible for the killings of senior antinarcotics officials Julian Gonzalez in 2009 and Alfredo Landaverde in 2011, and the murder of senior anti-money-laundering prosecutor Orlan Chavez in 2013. According to media reports, other senior police and Ministry of Security officials covered up the crimes or failed to take action to bring those responsible to justice. Subsequently, the government passed legislative decree 21-2016, which created the Special Commission in Charge of Purging and Restructuring the Honduran National Police (HNP), comprising the minister of security, a former president of the Supreme Court, and two prominent members of civil society, to review systematically the performance and integrity of all police officials. As of December 19, the commission had reviewed the personnel files of 3,004 officials and dismissed 1,835 officers, while allowing 256 officers to retire voluntarily, for a total of 2,091 police officers dismissed from the HNP. In February a three-judge tribunal acquitted all senior military officials previously accused of covering up the 2012 killing of 15-year-old Ebed Jassiel Yanes Caceres.

On May 19, Military Police for Public Order (PMOP) soldier, Jose Alonzo Miranda Almendarez, shot and killed Alexis Alberto Avila Ramirez when Avila and his brother fled from the PMOP squad executing arrest warrants against them in the city of Danli, El Paraiso Department. A judge ruled there was sufficient evidence to hold Miranda on a charge of abuse of authority and manslaughter pending a trial; his defense requested a dismissal of the charges, and an appeals court was reviewing the appeal as of October. Miranda’s PMOP patrol was participating in a joint operation directed by the National Interinstitutional Security Force (FUSINA), but it reported to the 110th Infantry Brigade.

In August the trial of four armed forces intelligence personnel implicated in the 2014 killings of siblings Ramon Eduardo Diaz Rodriguez and Zenia Maritza Diaz Rodriguez was scheduled to begin in February 2017.

In February a judge issued a warrant for the arrest of PMOP members involved in the shooting of 11-year-old Yoslin Isaac Martinez Rivera in November 2015. As of October the individuals had not been arrested.

Authorities arrested HNP officer, Donis Joel Figueroa Reyes, for the November 2015 torture of three detainees and murder of detainee Jose Armando Gomez Sanchez. The three individuals had been detained for public intoxication but allegedly attempted to escape detention, after which they were handcuffed to the ceiling in the police station and beaten by Figueroa, resulting in Gomez’s death. Figueroa was originally detained in November 2015 but had escaped from custody.

There continued to be reports of violence related to land conflicts and criminal activity in the Bajo Aguan region, but the overall level of violence in the area was far below its 2012 peak. On October 18, Jose Angel Flores, president of the Unified Farm Workers Movement of the Aguan (MUCA) and his colleague Silmer Dionicio George, were killed after leaving a meeting of MUCA leaders. On November 21, the Public Ministry announced arrest warrants for two individuals–Osvin Nahun Caballero and Wilmer Giovanni Fuentes–believed to be involved in the October 18 attack; the ministry stated that the murders appeared to be related to the continuing land conflict. No members of the security forces or private security guards were reported to have been responsible for deaths related to the land conflict. One private security guard of an agricultural company, however, was reportedly killed due to land conflict, and agricultural workers reported at least one other violent encounter between private security guards and agricultural workers as of August.

Organized criminal elements, including narcotics traffickers and local and transnational gangs such as MS-13 and the 18th Street gang, committed murders, extortion, kidnappings, human trafficking, and acts of intimidation against police, prosecutors, journalists, women, and human rights defenders. Major urban centers and drug trafficking routes experienced disproportionate rates of violence. Media reported that as of September 7,176 individuals working in the transportation sector had been killed during the year, often for failing to make extortion payments. The Violence Observatory of the National Autonomous University of Honduras (UNAH) reported that 290 workers from the transportation sector were killed in 2015, a 40 percent increase from 2014.

On May 27, the UN special rapporteur on extrajudicial, summary, or arbitrary executions recognized that the government had taken steps to reduce the homicide rate, but urged authorities to do more to protect the right to life and reduce violence. According to the UNAH Violence Observatory, there was no significant change in the overall annual homicide rate in the first six months of the year compared with 2015, which remained at approximately 60 per 100,000 after several years of steep decline. Reports linked many of these homicides to organized crime and gangs.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, but human rights NGOs reported that authorities at times failed to enforce these prohibitions effectively. CONADEH reported 12 cases of arbitrary arrest as of September. The Committee of Relatives of the Disappeared in Honduras reported 23 illegal or arbitrary arrests: five by the PMOP, 13 by the HNP, and five by municipal police.

ROLE OF THE POLICE AND SECURITY APPARATUS

The HNP maintains internal security and reports to the Secretariat of Security. The Technical Agency for Criminal Investigations at the Public Ministry (Attorney General’s Office) has legal authority to investigate 21 types of crimes and make arrests. The armed forces, which report to the Secretariat of Defense, are responsible for external security but also exercise some domestic security responsibilities. The PMOP reports to military authorities but conducts operations sanctioned by civilian security officials as well as by military leaders. As of August the PMOP had approximately 3,000 personnel organized into six battalions and was present in all 18 departments. In 2015 a total of 2,400 members of the PMOP received human rights training. FUSINA coordinates the overlapping responsibilities of the HNP, PMOP, National Intelligence Directorate, Public Ministry, and national court system. FUSINA reports to the National Security and Defense Council. The president chairs the council, which includes representatives of the Supreme Court, National Congress, Public Ministry, and Secretariats of Security and Defense.

The armed forces surrendered members accused of human rights violations to civilian authorities. The armed forces sometimes dishonorably discharged such individuals, even before a criminal trial. The Public Ministry, primarily through the Office of the Special Prosecutor for Crimes against Life, is responsible for investigating cases in which a government agent is allegedly responsible for killing a civilian. Prosecutors try such cases in civilian courts. Prosecutors and judges attached to FUSINA prosecute and hear cases related to FUSINA operations. A unit within the Office of the Special Prosecutor for Crimes against Life manages some cases of homicides committed by members of the security forces and government officials. The human rights office of the joint staff of the armed forces investigated allegations of human rights abuses by members of the armed forces.

Corruption and impunity remained serious problems within the security forces. Some members of police committed crimes, including crimes linked to local and international criminal organizations.

On April 11, in response to media reports that high-ranking HNP officers had ordered the killing of senior antinarcotics and anti-money-laundering officials in 2009, 2011, and 2013, the president approved a decree creating the Special Commission in Charge of Purging and Restructuring the HNP. The minister of security heads the commission and oversees the work of three prominent members of civil society and a small group of advisors. The commission has authority to: determine the suitability of HNP officials and dismiss officers without cause, implement a mechanism to follow-up and supervise the evaluation and dismissal processes, pass the personnel records of dismissed police officers suspected of criminal activity to the Public Ministry and the Supreme Auditing Tribunal for review and possible prosecution, and report progress to the president and National Congress on a quarterly basis.

As of mid-December the commission reported that it had evaluated 3,004 HNP officers. The commission recommended that 887 of these be retained, 1,835 dismissed, 256 voluntarily retired, 15 suspended pending further review, and another 11 retained pending further evaluation; many of those dismissed were high-ranking officers. The commission referred 23 of these officers to the Public Ministry for possible criminal prosecution. At the commission’s request, the attorney general formed a special unit to investigate cases that the commission referred to it. The process has led to more dismissals than the previous five efforts undertaken since 1998 combined. The commission still needed to evaluate rank-and-file members of the HNP. The commission said the personnel it recommended for retention remained subject to continued suitability evaluations.

The Human Rights Office of the Honduran Armed Forces reported that as of August, more than 4,500 service members had received human rights training. The Honduran Armed Forces and various NGOs provided the training. The Honduran Armed Forces Cadet Leadership Development course trained approximately 220 cadets on human rights in 2015-16.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law provides that police may make arrests only with a warrant, unless they make the arrest during the commission of a crime, there is strong suspicion that a person has committed a crime and might otherwise evade criminal prosecution, they catch a person in possession of evidence related to a crime, or a prosecutor has ordered the arrest. The law requires police to inform persons of the grounds for their arrest and bring detainees before a competent judicial authority within 24 hours. It stipulates that a prosecutor then has 24 additional hours to decide if there is probable cause for indictment, whereupon a judge has 24 more hours to decide whether to issue a temporary detention order. Such an order may be effective for up to six days, after which the judge must hold a pretrial hearing to examine whether there is probable cause to continue pretrial detention. The law allows persons charged with some felonies to avail themselves of bail and gives prisoners a right of prompt access to family members. The law allows the release of other suspects pending formal charges, on the condition that they periodically report to authorities. The government generally respected these provisions. Persons suspected of any of 22 felonies must remain in custody, pending the conclusion of judicial proceedings against them; however, the Constitutional Chamber of the Supreme Court ruled during the year that when a trial is delayed excessively, prisoners may be released on the condition that they continue to report periodically to authorities. The law grants prisoners the right to prompt access to a lawyer of their choice and, if indigent, to government-provided counsel, although authorities did not always abide by these requirements.

Arbitrary Arrest: The Public Ministry reported 35 cases of illegal detention or arbitrary arrest as of October.

Pretrial Detention: Judicial inefficiency, corruption, and insufficient resources delayed proceedings in the criminal justice system, and lengthy pretrial detention was a serious problem. As of August according to the UNAH’s Institute for Democracy, Peace, and Security, 53 percent of the country’s prison population had not been convicted. For crimes with minimum sentences of six years, the law authorizes pretrial detention of up to two years. The prosecution may request an additional six-month extension, but many detainees remained in pretrial detention much longer, including for more time than the maximum period of incarceration for their alleged crime. The law does not authorize pretrial detention for crimes with a maximum sentence of five years or less. The law mandates that authorities release detainees whose cases have not yet come to trial and whose time in pretrial detention already exceeds the maximum prison sentence for their alleged crime. Even so, many prisoners remained in custody after completing their full sentences, and sometimes even after an acquittal, because officials failed to process their releases expeditiously.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons are entitled to challenge the legal basis or assert the arbitrary nature of their arrest or detention. Judicial inefficiency, corruption, and insufficient resources delayed proceedings, however, and excessively protracted legal processes were a serious problem.

Mexico

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were many reports the government or its agents committed arbitrary or unlawful killings, often with impunity. Organized criminal groups also were implicated in numerous killings, often acting with impunity and at times in league with corrupt state, local, and security officials. The National Human Rights Commission (CNDH) reported 27 complaints for “deprivation of life” between January and November.

On August 2, authorities arrested Juan Carlos Arreygue, the mayor of the municipality of Alvaro Obregon, and four police officers, including a commander, in connection with the killing of 10 persons detained by police on July 29. According to news reports, Alvaro Obregon police under instructions from the mayor, detained the civilians and executed them, later burning their bodies. The criminal investigation into the case continued at year’s end.

In April a federal court charged the commander of the 97th Infantry Battalion and three other military officers for the July 2015 illegal detention and extrajudicial killing of seven suspected members of an organized criminal group in Calera, Zacatecas. No trial date had been set at year’s end.

On August 18, the CNDH released a report that accused federal police of executing 22 persons after a gunfight in May 2015 near Tanhuato, Michoacan, and of tampering with evidence. The CNDH report concluded that two of the men killed were tortured and 13 were killed after they had been detained. One police officer was killed in the incident. National Security Commissioner Renato Sales Heredia claimed the officers acted in self-defense. In response to the CNDH report, President Enrique Pena Nieto removed Federal Police Chief Enrique Galindo from his position to allow for “an agile and transparent investigation.” No federal police agents were charged, and the federal investigation continued at year’s end.

Authorities made no additional arrests in connection with the January 2015 killing of 10 individuals and illegal detentions and injury to a number of citizens in Apatzingan, Michoacan.

In May a civilian federal judge acquitted and dismissed all charges against the remaining members of the military with pending charges in relation to the 2014 killings of 22 suspected criminals in Tlatlaya, State of Mexico. The court ruled that the evidence was insufficient to convict. In April the press reported that in October 2015 the Sixth Military Court dropped the charges against six soldiers and convicted one soldier, sentencing him to time served. In a report released in October 2015 before the verdicts, the CNDH determined that authorities arbitrarily deprived at least 12 to 15 of the civilians of life and tortured some of the witnesses. In July authorities of the State of Mexico declared they intended to fire nine state-level investigators from the General Prosecutor’s Office and suspend 21 others for misconduct related to the case. Nongovernmental organizations (NGOs) expressed concerns regarding the lack of convictions in the case and the perceived failure to investigate the chain of command.

Former military corporal, Juan Ortiz Bermudez, appealed his 2015 conviction to 18 years’ imprisonment for intentional homicide in the 2010 killing of two unarmed civilians in Nuevo Leon. Authorities had not scheduled a hearing at year’s end.

Criminal organizations carried out human rights abuses and widespread killings throughout the country. For example, from July 9 to 15, criminal gangs executed several families in the northeastern state of Tamaulipas in what media reported as a war among drug-trafficking organizations. Criminals also targeted mayors (at least six killed this year) and other public officials. From 2006 to the middle of the year, 82 mayors were killed in the country.

News reports and NGO sources noted that from January 2015 to August, authorities discovered more than 724 bodies in several hundred clandestine graves throughout the country, the majority of killings were suspected to have been carried out by criminal organizations.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the government often failed to observe these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The federal police, as well as state and municipal police, have primary responsibility for law enforcement and the maintenance of order. The federal police are under the authority of the interior minister and the National Security Committee, state police are under the authority of each of the 32 governors, and municipal police are under the authority of local mayors. SEDENA, which oversees the army and air force, and the Ministry of the Navy (SEMAR), which oversees the navy and marines, also play a role in domestic security, particularly in combatting organized criminal groups. The National Migration Institute (INM), under the authority of the Interior Ministry (SEGOB), is the administrative body responsible for enforcing migration laws and protecting migrants. The INM’s 5,400 agents worked at ports of entry, checkpoints, and detention centers, conducting migrant apprehension operations in coordination with the federal police.

The law requires military institutions to transfer all cases involving civilian victims, including human rights cases, to the civilian justice system under the jurisdiction of the PGR. If the victim is a member of the military, alleged perpetrators remain subject to the military justice system. SEDENA, SEMAR, the federal police, and the PGR have security protocols for the transfer of detainees, chain of custody, and use of force. The protocols, designed to reduce the time arrestees remain in military custody, outline specific procedures for handling detainees.

According to the Office of the Attorney General of Military Justice, as of April 18, the military had transferred to the civilian Attorney General’s Office prosecutorial jurisdiction for more than 1,273 military personnel accused of human rights violations in 558 criminal cases, 257 homicide cases, 229 torture cases, and 72 forced disappearance cases. As of June SEDENA reported there were no cases before military courts that involved a civilian victim.

Although civilian authorities maintained effective control over security forces and police, impunity, especially for human rights abuses, remained a serious problem. The country had extremely low rates of prosecution, and prosecutions could take years to complete.

There were new developments in the 2006 San Salvador Atenco confrontation between local vendors and state and federal police agents in Mexico State during which two individuals were killed and more than 47 women were taken into custody with many allegedly sexually tortured by police officials. In 2009 an appeals court acquitted the only individual previously convicted in the case, and in September the Inter-American Court of Human Rights agreed to hear the case, but no date has been set.

By law elected officials enjoy immunity from prosecution, including for corruption, while they hold a public office, although state and federal legislatures have the authority to waive an elected official’s immunity.

SEDENA’s General Directorate for Human Rights investigates military personnel for violations of human rights identified by the CNDH and is responsible for promoting a culture of respect for human rights within the institution. The directorate, however, has no power to prosecute allegations or to take independent judicial action.

In May the code of military justice was reformed to establish procedures for the conduct of military oral trials, in accordance with the transition to an adversarial justice system. On June 15, the CNDH published and submitted to the Supreme Court a “Report of Unconstitutionality” in which it claimed aspects of the recently revised code of military justice and military code of criminal procedures (military code or CMPP) violated constitutional guarantees, including against unreasonable searches and seizures. The CNDH based its claims on provisions of the military code that allow military prosecutors to request permission from civilian prosecutors from the Attorney General’s Office to intercept communications and search premises during the investigation of military personnel for ties to organized crime, murder, and weapons violations. The CNDH criticized the ability of a military judge to call a civilian to testify in military court, the requirement that authorities must conduct all procedural acts in Spanish, and the expanded roles given to the Military Ministerial Police (the top-level investigative entity of the military).

In February, SEMAR expanded its human rights program to include a weeklong course (from the previous one-day course), an intensive program for commanding officers, and a human rights diploma program, among others.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution allows any person to arrest another if the crime is committed in his or her presence. A warrant for arrest is not required if an official has direct evidence regarding a person’s involvement in a crime, such as having witnessed the commission of a crime. Bail exists, except for persons held in connection with drug trafficking or other forms of organized crime. In most cases the law provides for detainees to appear before a judge, and for authorities to provide sufficient evidence to justify continued detention, within 48 hours of arrest, but there were violations of the 48-hour provision. In cases involving three or more parties to a conspiracy to commit certain crimes, authorities may hold suspects for up to 96 hours before being presented to a judge.

Only the federal judicial system may prosecute cases involving organized crime. Under a procedure known in Spanish as “arraigo” (a constitutionally permitted form of detention, employed during the investigative phase of a criminal case before probable cause is fully established), certain suspects may, with a judge’s approval, be detained for up to 80 days prior to the filing of formal charges. Human rights NGOs claimed arraigo allowed some corrupt officials to extort detainees, detain someone, and then seek reasons to justify the detention, or obtain confessions using torture. In the absence of formal charges, persons detained under arraigo are often denied legal representation and are not eligible to receive credit for time served if convicted.

Some detainees complained about lack of access to family members and to counsel after police held persons incommunicado for several days and made arrests arbitrarily without a warrant. Police occasionally provided impoverished detainees counsel only during trials and not during arrests or investigations as provided for by law. Authorities held some detainees under house arrest.

Arbitrary Arrest: Allegations of arbitrary detentions persisted throughout the year. The IACHR, the UN Working Group on Arbitrary Detention, and NGOs expressed concerns regarding arbitrary detention and the potential for arbitrary detention leading to other human rights abuses.

Pretrial Detention: Lengthy pretrial detention was a problem. According to an IACHR report, SEGOB figures as of August 2015 noted that 107,441 of 254,469 individuals detained were in pretrial detention. According to an international NGO, more than 40 percent of prisoners were awaiting their trial at the end of 2015. The law provides time limits within which authorities must try an accused person. Authorities generally disregarded time limits on pretrial detention since caseloads far exceeded the capacity of the federal judicial system.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons who are arrested or detained, whether on criminal or other grounds, may challenge their detention through the Juicio de Amparo. The defense may argue, among other things, that the accused did not receive proper due process; suffered a human rights abuse; or that authorities infringed upon basic constitutional rights. By law individuals should obtain prompt release and compensation if found to be unlawfully detained, but the authorities did not always promptly release those unlawfully detained.

Nicaragua

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports the government or its agents committed arbitrary or unlawful killings, many during confrontations with illegal armed groups in the northern part of the country; however, a lack of clear and impartial investigations into deaths made attribution difficult. Human rights organizations and independent media alleged some killings were politically motivated.

On April 18, Andres Cerrato was kidnapped, shot, and killed in the community of San Martin de Daca, in Ayapal, Jinotega. As early as February, Cerrato reportedly experienced repeated harassment by the Nicaraguan National Police (NNP) and army, which accused him of aiding politically motivated armed groups in the region. Cerrato’s family claimed armed men forcibly took him from his home at or after midnight. His body was found approximately three miles from his home later that day, bearing gunshot wounds and signs of torture. Prior to his death, Cerrato had claimed that soldiers entered his home in March and forcibly coerced him into confessing to having information on members of armed groups, although Cerrato denied any ties to the groups. Following Cerrato’s death, the army stated it did not conduct such operations and did not have information on the case.

Reports of shootings were increasingly common in the area of Jinotega. These shootings were widely believed to be related to the army’s pursuit of what many refer to as armed antigovernment groups in the north central region, although the army claims only the presence of criminals and/or delinquents.

There were no developments in or investigations of the January 2015 killing of Modesto Duarte Altamirano or the 2014 killing of Carlos Garcia, a former Contra and member of the Independent Liberal Party (see also section 1.d., “Role of the Police and Security Apparatus”).

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the government and its agents did not always comply with or enforce the law. Human rights NGOs noted several cases of arbitrary arrests by the NNP and army, including irregular arrests and detentions while the NNP investigated armed opposition groups in the Pacific north of the country.

ROLE OF THE POLICE AND SECURITY APPARATUS

The constitution establishes the NNP as an apolitical, nonpartisan institution protecting all citizens equally under the law. The NNP Office of Internal Affairs is responsible for investigating complaints and abuses regarding police officers or internal police activities. Many duties previously held by the Ministry of Interior to administer the NNP, with the president as commander in chief, were transferred to the presidency in accordance with changes made to the constitution in 2014. The Ministry of Interior and the NNP each have law enforcement and internal security responsibilities throughout the country. The Ministry of Interior oversees the General Directorate for Migration and Foreigner Services, which works together with the police to oversee topics of migration and border security.

The army is responsible for external security but also has some domestic responsibilities, including countering illicit trafficking in narcotics and providing for the transportation of election-related materials, including ballots. Many informed observers in civil society and the independent press regarded the army functionally as an autonomous force responding directly to the president, following a series of constitutional and military code reforms enacted in 2014, which gave the president greater control over the armed forces. The Office of the Inspectorate General is responsible for investigating abuses and corruption in the army, but limited public information was available on its activities.

There were instances in which the government failed to maintain effective control over the NNP, and the government failed to investigate and punish abuse and corruption. There continued to be numerous reports of impunity involving security forces.

The NNP Office of Internal Affairs, and to a lesser extent the Office of the Inspector General, are responsible for investigating police abuse; however, corruption, inefficiency, and lack of transparency of the justice system contributed to a public perception of police impunity. According to a report by the Inter-American Commission on Human Rights, in 2015 the NNP received 162 complaints of use of excessive force. Of these, the NNP investigated 127 and found officers guilty in 93. Information on the final disposition of those found guilty was not available. Due to the lack of specificity on the activities of the Office of Internal Affairs and a general lack of access to government information, human rights organizations and experts on security found it difficult to assess how the NNP investigated allegations of human rights violations by its members. The government generally did not take action on complaints against security forces.

NGOs reported that President Ortega had politicized the NNP and led many to question its professionalism. For instance, the president renewed the tenure of the national chief of police for a third consecutive term, making her the longest standing police chief since 1990. The extension was legal under changes to the constitution in 2014, but the president had previously extended her term through a 2011 executive decree that allegedly violated term limits prescribed in law at the time. The extension followed after sweeping changes to the police code granted the president greater power over the NNP. The media also highlighted the NNP’s use of an emblem with President Ortega and Sandino’s shadow as part of the officer’s uniform, and the use of the FSLN red and black party flag painted on select police stations or at police celebrations. NGOs and the press alleged the NNP continued to provide preferential treatment for progovernment and FSLN rallies.

The 2015 Sovereign Security Law significantly broadened the definition of state sovereignty and security and established a National Committee of Sovereign Security (NCSS), an executive-level committee with the enforcement backing of the military. The law defines “sovereign security” as the “existence of permanent peace” within the country and states the government is responsible to protect against “any risk, threat, or conflict that puts itself against sovereign security.” The law includes “any other factor that creates danger to the security of the people, life, family, and community, as well as the supreme interests of the Nicaraguan nation,” when outlining potential risks and threats to the nation’s sovereign security. The law stipulates the NCSS, made up of representatives from the NNP and the military, has the power to dispatch security forces. Human rights groups continued to express strong concern over the law and its implications on democratic space in the country.

Impunity remained a problem. There were no developments in the 2013 killing of four civilians, including former Contra leader Joaquin Torres Diaz, alias “Cascabel,” or the 2013 killing of Yairon Diaz Pastrana in Pantasma, all allegedly killed by military forces. According to local NGOs, there was no effort to investigate police beatings of and use of excessive force against demonstrators during 2013 protests in front of the Nicaraguan Social Security Institute. The NNP and prosecutors declared they had no official evidence of the event to continue an investigation, despite videos on YouTube and other public media.

Likewise, there were no developments in the 2012 death of former Contra Santos Guadalupe Joyas Borge (“Pablo Negro”) or in the 2012 case of community leaders Pedro Ramon Castro and Miguel Angel Oliva, who allegedly were killed by four NNP members in the municipality of Pantasma.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires police to obtain a warrant from a judicial authority prior to detaining a suspect and to notify family members of the detainee’s whereabouts within 24 hours. While the law also stipulates a prosecutor accompany police making an arrest, CENIDH claimed irregularities in arrest procedures led to arbitrary arrest and detentions.

Police may hold a suspect legally for 48 hours before arraignment, when they must bring the person before a judge. A judge then must order the suspect released or transferred to jail for pretrial detention. After the initial 48 hours, the suspect should be allowed family member visits. The detainee has the right to bail unless a judge deems there is a flight risk. In most instances detainees were informed of charges against them, although there were instances when this did not occur, and at other times there were delays. Detainees have the right to an attorney immediately following their arrest, and the state provides indigent detainees with a public defender.

Arbitrary Arrest: According to NGOs and other human rights groups, arbitrary arrests occurred regularly. There were numerous reports of the use of the DAJ jail cells for arbitrary arrests for more than the prescribed 48 hours of detention legally allowed. Many arrests were allegedly made without warrants and without informing family members or legal counsel.

Pretrial Detention: Lengthy pretrial detention continued to be a problem, especially in the RACN and the RACS, where detainees often waited an average of six months for their cases to be presented to a judge. Observers attributed delays to limited facilities, an overburdened judicial system, judicial inaction, and high crime rates. No information was available on the percentage of the prison population in pretrial detention or the national average length of pretrial detention.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: While the law provides detainees the ability to challenge the legality of their detention before a court, procedural information for doing so was not publically available. There were reports on the obstacles legal counsels faced when they attempted to invoke constitutional protections for detainees, including habeas corpus, and courts frequently ignored their requests.

Panama

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports the government or its agents committed arbitrary or unlawful killings.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The country has no military forces. The PNP is principally responsible for internal law enforcement and public order. Civilian authorities in the Ministry of Public Security and the Ministry of the Presidency maintained effective control over all police, investigative, border, air, maritime, and migration services in the country. The government has mechanisms to investigate and punish abuse and corruption, but information on the process and results of investigations were rarely made public. Due to the lack of prison guards, the PNP was increasingly responsible for security both outside and inside of the prisons. Its leadership expressed concern over insufficient training and equipment.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

There were two judicial systems operating during the year, as the country completed its transition to an accusatory justice system in September, but cases opened prior to September 2 in the country’s largest judicial districts (Panama, Colon, Darien, and Guna Yala continued to be tried under the old inquisitorial system.

Under the inquisitorial system, the prosecutor’s office issues detention orders based on evidence. The law provides for suspects to be brought promptly before a judge. Lack of prompt arraignment continued to be a problem for cases tried under the old system; under the new system, a magistrate must arraign suspects expeditiously.

A functioning bail system existed for a limited number of crimes but was largely unused for most cases tried under the old system. Most bail proceedings are at the discretion of the Prosecutor’s Office and cannot be independently initiated by detainees or their legal counsel.

The law requires arresting officers to inform detainees immediately of the reasons for arrest or detention and of the right to immediate legal counsel. Detainees gained prompt access to legal counsel and family members, and the government provided indigent defendants with a lawyer.

The law prohibits police from detaining adult suspects for more than 48 hours but allows authorities to detain minor suspects for 72 hours.

The preliminary investigation phase of detention under the old system lasted eight days to two months and the follow-up investigation phase lasted two to four months, depending on the number of suspects. In the new system, arrests and detention decisions are made on the basis of probable cause.

Pretrial Detention: The government regularly imprisoned inmates under the inquisitorial system for more than a year before a judge’s pretrial hearing, and in some cases pretrial detention exceeded the minimum sentence for the alleged crime. As of July according to government statistics, 66 percent of prisoners were pretrial detainees. Some criticized the judiciary for applying unequal pretrial restrictive measures for individuals facing substantially similar charges.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis of arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

Paraguay

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were several reports that the government or its agents committed arbitrary or unlawful killings.

On June 19, the Attorney General’s Office ordered the arrest of nine agents of Paraguay’s National Antinarcotics Secretariat (SENAD) for a failed operation on June 18 that resulted in the death of a three-year-old girl by gunshot. The incident occurred in Nueva Italia, Central Department, in full view of civilian witnesses who alleged the SENAD agents did not identify themselves or attempt to verify the identity of the civilians before firing more than 60 bullets at them. The Attorney General’s Office charged the agents with murder and attempted murder. The case was pending as of November 1.

On April 30, the Attorney General’s Office ordered the arrest of three San Pedro Department Councilmen, charging them with aggravated murder for the April 24 death of Ramon Carillo, the mayor of Tacuati. The case was pending as of November 1.

Armed guerrilla groups continued to target and kill security forces. During the year, the Paraguayan government alleged the Paraguayan People’s Army (EPP) killed eight military personnel and kidnapped three civilians. The kidnapping victims remained missing as of November 1.

Incidents of violence related to narco-trafficking were prevalent in the northeastern region. On June 16, unidentified assailants gunned down prominent narco-trafficker Jorge Rafaat on one of the major thoroughfares in the city of Pedro Juan Caballero. On August 5, assassins shot and killed Miguel Louteiro Echeverría, the mayor of Bella Vista Norte, Amambay, and his secretary Celso Carballo, shortly after a large police seizure of cocaine. On August 9, two assailants on a motorcycle shot and killed police officer Osvaldo Ramirez Lezcano in Curuguaty, Canindeyu Department.

On July 11, a Paraguayan court convicted all 11 defendants involved in the 2012 Marina Cue confrontation near Curuguaty that resulted in the death of 11 protestors and six police officers. In a ruling of more than 2,000 pages, four defendants received four years, or time served, for criminal association; three defendants received six years, including two under house arrest, for complicity to murder, criminal association, and land invasion; and, four defendants were sentenced to between 18 and 35 years for land invasion, criminal association, and attempted premeditated murder. Defense attorneys appealed the sentence on August 1, and the appeal was pending as of November 1.

On July 24, defense attorneys and Amnesty International filed a complaint with the Attorney General’s Office alleging security forces tortured several of the Marina Cue protestors and killed two of them. The court that convicted the 11 defendants recommended that the Attorney General’s office investigate these allegations, but the Attorney General’s office has not announced an investigation or made findings available to the public. On October 26, Senate President Roberto Acevedo announced the formation of an independent commission led by Diego Bertolucci to investigate the role of the police in the events of June 15, 2012, in Curuguaty/Marina Cue.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention, but the government did not always observe these prohibitions. The law stipulates that persons detained without a judge-ordered arrest warrant must appear before a judge within 24 hours for an initial hearing. Police may arrest a person apprehended in the act of committing a crime and detain the suspect for up to six hours, after which the Attorney General’s Office may detain persons up to 24 hours. In some cases, police ignored requirements for a warrant by citing obsolete provisions that allow detention if individuals are unable to present personal identification upon demand (although the law does not obligate citizens to carry or show identity documentation).

On May 25, Santiago Ortiz, the Secretary General of the Union of Paraguayan Journalists, filed a complaint with the Attorney General’s Office alleging a group of police officers detained and physically assaulted him. The police stated they detained Ortiz after he refused to produce his personal identification. The case was still pending as of November 1.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, under the authority of the Interior Ministry, are responsible for preserving public order, protecting the rights and safety of persons and entities and their property, preventing and investigating crimes, and implementing orders given by the judiciary and public officials. The constitution charges military forces with guarding the country’s territory and borders. By law civilian authorities are in charge of the security forces.

The law authorizes the president to mobilize military forces domestically against any “internal aggression” endangering the country’s sovereignty, independence, or the integrity of its democratic constitutional order. The law requires the president to notify congress within 48 hours of a decision to deploy troops. By law the president’s deployment order must define geographic location, be subject to congressional scrutiny, and have a set time limit. As of September 12, a total of 310 personnel from the FTC were deployed to the departments of Concepcion, San Pedro, and Amambay in accordance with the law to allow military mobilization domestically .

The Defense Ministry, also under the president’s authority but outside the military’s chain of command, handles some defense matters. The ministry is responsible for the logistical and administrative aspects of the armed forces, especially the development of defense policy.

The law authorizes the SENAD and the National Police’s Anti-Narcotics Unit, both under the president’s authority, to enforce the law in matters related to narcotics trafficking and terrorism, respectively. The law provides for SENAD to lead operations in coordination with the Attorney General’s Office and judiciary. To arrest individuals or use force, SENAD must involve members of the National Police in its operations, but it reportedly often did not do so.

The Human Rights Unit of the Attorney General’s Office and the Disciplinary Review Board of the National Police are responsible for determining whether police killings legitimately occurred in the line of duty. The military justice system has jurisdiction over active military personnel.

On July 23, inmates detained in the Vinas Cue military prison contested their incarceration by claiming the government never published in the official government registry the military laws under which they were being held. Defense lawyers and family members allege that 90 percent of those sentenced or held without trial were arrested in retribution for whistleblowing on corruption cases involving high ranking officials.

On March 2, the president ordered the transfer and investigation of six officers accused of physically and psychologically abusing several underage cadets at a military school in Central Department. The case was pending as of November 1.

The Special Human Rights Unit in the Attorney General’s office investigated 182 cases of excessive use of force by security forces, opened 31 cases of torture, investigated 52 cases of improper prosecution of innocents, and investigated seven cases of improper conviction of innocents. No information was available as to whether any of these cases resulted in convictions or penalties.

Although the National Police reportedly struggled with inadequate training, funding, and widespread corruption, it continued to investigate and punish members involved in crimes and administrative violations. On July 12, the National Police removed 14 police chiefs from Canindeyu Department after uncovering evidence they received bribes to allow the transport of approximately 20 tons of marijuana.

Several human rights NGOs and the media reported incidents of police involvement in homicides, rape, arms and narcotics trafficking, car theft, robbery, extortion, and kidnapping, with reported abuses particularly widespread in Ciudad del Este and other locations on the border with Brazil.

On August 18, a court sentenced three police officers to 18 years in prison and a fourth to four years in prison for their involvement in a 2012 robbery of 5.2 billion Guaranies (Gs.) ($945,400) from a security firm.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police may arrest individuals with a warrant or with reasonable cause. The law provides that after making an arrest, police have up to six hours to notify the Attorney General’s office, at which time that office has up to 24 hours to notify a judge if it intends to prosecute. The law allows judges to use measures such as house arrest and bail in felony cases. According to civil society representatives and legal experts, in misdemeanor cases judges frequently set bail too high for many poor defendants to post bond, while they set minimal or no bail for the wealthy or for those with political connections.

The law grants defendants the right to hire counsel, and the government provides public defenders for those who cannot afford counsel. According to the NGO Paraguayan Human Rights Coordinator (CODEHUPY), heavy caseloads adversely affected the quality of representation by public defenders. Detainees had access to family members.

Arbitrary Arrests: The law prohibits arbitrary arrest and detention. CODEHUPY reported several cases during the year of arbitrary arrest and detention of persons without a warrant.

On January 20, four residents of Hernandarias, Alto Parana Department, filed a formal complaint alleging two police officers and two other unidentified individuals detained them as robbery suspects, tortured them, and threatened to kill them on January 8. They also filed a complaint against Prosecutor Humberto Rossetti as an accomplice for being present during the alleged torture. The allegations included the use of electric cattle prods, beatings, and asphyxiation with nylon bags. The case was pending as of November 1.

Pretrial Detention: The law permits detention without trial for a period equivalent to the minimum sentence associated with the alleged crime, a period that could range from six months to five years. Some detainees were held in pretrial detention beyond the maximum allowed time.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The law provides detainees with the right to prompt judicial review of the legality of their detention. Defendants have the right to initiate habeas corpus, habeas data, and other court proceedings to decide the lawfulness of detention or otherwise obtain a court-ordered release. Defendants have the right to sue the state for unlawful detention.

Peru

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

After taking office on July 28, the Kuczynski administration launched an investigation into allegations that members of the Peruvian National Police (PNP) committed the extrajudicial killings of more than 20 criminal suspects from 2012 to 2015 as part of a scheme to receive awards and promotions. These allegations first surfaced in August. According to press and Ministry of Interior accounts, an “irregular” group of nine PNP officers and sub-officers allegedly paid informants to entrap individuals and provide regular police units with false intelligence, setting the stage for deadly confrontations. As of November, the government had produced no evidence that policy-level officials directed the alleged killings or had knowledge of the scheme.

On September 1, a special tribunal found 10 former army officers and enlisted persons guilty of killing 71 villagers, including 23 children, in the 1985 “Accomarca Massacre” that occurred during the conflict with the Shining Path terrorist group. The tribunal sentenced five officers to prison terms ranging from 23 to 25 years, including general Wilfredo Mori, lieutenant colonels Nelson Gonzalez Feria and Carlos Pastor Delgado Medina, and lieutenants Juan Rivera Rondon and Telmo Hurtado. Five low-ranking soldiers also received 10-year sentences. The tribunal acquitted six others, including general Jose Williams Zapata, for lack of sufficient evidence.

The Shining Path conducted several terrorist acts during the year that resulted in deaths and injuries (see section 1.g.), including an April 9 attack on army officers carrying electoral materials the day before the first round of national elections.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention, and the government generally observed these prohibitions. The government constitutionally suspended the right to freedom from arrest without warrant in designated emergency zones (see section 1.g.).

ROLE OF THE POLICE AND SECURITY APPARATUS

The PNP, with a force of approximately 114,830 personnel, is responsible for all areas of law enforcement and internal security, including migration and border security. The PNP functioned under the authority of the Ministry of Interior. The armed forces, with approximately 100,000 personnel, are responsible for external security under the authority of the Ministry of Defense but also have limited domestic security responsibilities, particularly in the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) emergency zone.

Corruption and a high rate of acquittals in civilian courts for military personnel accused of crimes remained serious problems. The Public Ministry conducted investigations, although access to evidence held by the Ministry of Defense was not always forthcoming. The Ombudsman’s Office can also investigate cases and submit conclusions to the Public Ministry for follow-up. The Ministries of Interior and Defense employed internal mechanisms to investigate allegations of security force abuse. The Ministry of Interior’s Office of Inspector General reported that it disciplined approximately 7,400 police officers from January to August.

The Public Ministry is charged with witness protection responsibilities but lacked resources to provide sufficient training to prosecutors and police officers, conceal identities, or furnish logistical support to witnesses.

Police continued operating under a use of force doctrine adopted in 2015. When a police action causes death or injury, the law requires an administrative investigation and notification to the appropriate oversight authorities. The law is applicable to all police force members and defines the principles, rules, situations, and limitations for police use of force and firearms.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law permits police to detain persons for investigations. The law requires a written judicial warrant based on sufficient evidence for an arrest, unless authorities apprehend the alleged perpetrator of a crime in the act. Only judges may authorize detentions. Authorities are required to arraign arrested persons within 24 hours, except in cases of terrorism, drug trafficking, or espionage, for which arraignment must take place within 15 days. In remote areas, arraignment must take place as soon as practicably possible. Military authorities must turn over persons they detain to police within 24 hours. The law requires police to file a report with the Public Ministry within 24 hours after an arrest. The Public Ministry, in turn, must issue its own assessment of the legality of the police action in the arrest, and authorities respected this requirement.

Judges have 24 hours to decide whether to release a suspect or continue detention, and the judiciary respected this provision. A functioning bail system exists, but many poor defendants lack the means to post bail. By law detainees are allowed access to family members and a lawyer of their choice. Police may detain suspected terrorists incommunicado for 10 days.

Pretrial Detention: Lengthy pretrial detention continued to be a problem. In January authorities had sentenced only 38,198 of the 77,298 detainees held in detention facilities and prisons. Delays were due mainly to judicial inefficiency, corruption, and staff shortages. Under the criminal procedure code, the law requires the release of prisoners held more than nine months whom the justice system has not tried and sentenced; the period is 18 months for complex cases. In one prominent case, a judge released regional Governor Gregorio Santos, who was accused of corruption, from prison on July 27 after 23 months of pretrial imprisonment. During this time Santos was allowed to participate as a candidate in regional (2014) and national (2016) elections.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons arrested or detained, regardless of whether on criminal or other grounds, are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

Uruguay

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

d. Arbitrary Arrest or Detention

The law and constitution prohibit arbitrary arrest and detention, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police, under the Ministry of Interior, maintain internal security. The National Directorate for Migration, also under the Ministry of Interior, is responsible for migration and border enforcement. Civilian authorities maintained effective control over the National Police, and the government has effective mechanisms to investigate and punish abuse and corruption. The armed forces, under the Ministry of National Defense, are responsible for external security and have some domestic responsibilities as guardians of the outside perimeter of six prisons. There were no reports of impunity involving police and security forces during the year.

The judiciary continued to investigate the serious human rights violations committed during the 1973-1985 military dictatorship. The law classifies crimes committed during the dictatorship as crimes against humanity. The nongovernmental organization (NGO) Truth and Justice Group was responsible for further investigating human rights abuses committed between 1968 and 1985.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police apprehended suspects with warrants issued by a duly authorized official and brought them before an independent judiciary. The law provides detainees with the right to a prompt judicial determination of the legality of detention and requires that the detaining authority explain the legal grounds for the detention. For any detainee who cannot afford a defense attorney, the court appoints a public defender at no cost to the detainee. The constitution states police cannot hold persons for longer than 24 hours without informing a judge. The judge then has another 24 hours to determine whether the subjects will be indicted and detained, indicted but released on their own recognizance, or released for lack of probable cause. If no charges are brought, the case is filed but the investigation may continue and the case reopened if new evidence emerges.

The possibility of bail exists but was not used in practice. For most persons accused of crimes punishable by at least two years in prison, the criminal code procedure prohibits bail. A judge may set bail if the individual is a first-time offender and if there are provisions in place to prevent the subject from fleeing. Most persons facing lesser charges were not jailed. Officials allowed detainees prompt access to family members.

Confessions obtained by police prior to a detainee’s appearance before a judge and without an attorney present are not valid. A lawyer assigned to each police station reports to the Ministry of Interior concerning treatment of detainees. A judge leads the investigation of a detainee’s claim of mistreatment.

Pretrial Detention: The use of pretrial detention is mandatory for particular crimes, and lengthy legal procedures required in the judge-led, inquisitorial criminal justice system, large numbers of detainees, and staff shortages in the judicial system led to trial delays and prison overcrowding. Some detainees spent one year or more in jail awaiting the conclusion of their trial. For most individuals credibly accused of crimes punishable by at least two years’ incarceration, the accused is sent to prison pending trial. First-time offenders (with no criminal record) and individuals facing lesser charges are usually released pending trial. The number of instances in which the length of pretrial detention equaled or exceeded the maximum sentence for the alleged crime could not be determined due to a lack of statistics.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Persons are entitled to challenge in court the legal basis or arbitrary nature of their detention and obtain prompt release and compensation if found to have been unlawfully detained.

Venezuela

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

Although the government did not release statistics on extrajudicial killings, NGOs reported that national, state, and municipal police entities, as well as the armed forces and government-supported paramilitary groups, known as “colectivos,” carried out such killings during the year.

There was also no official information available on the number of public officials prosecuted or sentenced to prison for involvement in extrajudicial killings, which, in the case of killings committed by police, were often classified as “resistance to authority.” The NGO Committee for the Families of Victims of February-March 1989 (COFAVIC) continued to report there was no publicly accessible national registry of reported cases of extrajudicial killings.

COFAVIC reported that in 2015 there were 1,396 alleged extrajudicial killings committed by members of security forces, a 37-percent increase over 2014. The national police Scientific, Penal, and Criminal Investigative Corps (CICPC) reportedly committed 30 percent of the acts, with others committed by regional and municipal police. According to NGOs, prosecutors occasionally brought cases against such perpetrators, but prosecutions often resulted in light sentences, and convictions often were overturned on appeal.

COFAVIC reported cases in all 23 states and the national capital district of what it defined as extrajudicial killings committed by elements within local and state police forces. COFAVIC reported these elements systematically and arbitrarily detained and killed individuals (mainly young men from lower social classes) without any recourse to proper investigation by the government.

The government continued its nationwide anticrime strategy begun in 2015, the Operation for the Liberation and Protection of the People (OLP), characterized by large-scale raids conducted by hundreds of government security agents in neighborhoods allegedly harboring criminals. These operations often resulted in the deaths of suspected criminals. The NGO Venezuela Program for Education/Action on Human Rights (PROVEA) reported that 245 persons were killed during OLP security exercises in 2015.

The government continued to prosecute individuals connected with the 1989 killings in Caracas known as the “Caracazo,” in which the Public Ministry estimated 331 individuals died, and the 1988 El Amparo massacre, in which government security forces allegedly killed 14 persons.

On November 27, the state prosecutor stated the government would charge 11 members of the military for responsibility in the death of 12 civilians following a security raid in October in the coastal state of Miranda. The Defense Ministry declared that it condemned the deaths, as did the National Assembly in a rare, unanimous resolution.

d. Arbitrary Arrest or Detention

The constitution prohibits the arrest or detention of an individual without a judicial order and provides for the accused to remain free while being tried, but individual judges and prosecutors often disregarded these provisions. While NGOs such as Foro Penal, COFAVIC, the Institute for Press and Society (IPYS), Public Space, and PROVEA noted at least 2,000 open cases of arbitrary detentions, authorities rarely granted them formal platforms to present their petitions. Multiple individuals, including American citizens, were arbitrarily detained for extended periods without criminal charges.

In the weeks before a planned opposition rally on September 1, the government initiated a series of arbitrary detentions targeting opposition activists. On August 29, security forces arrested former student leader Yon Goicoechea for allegedly carrying explosives. Authorities held Goicoechea incommunicado for almost three days, and as of December 22, he remained in custody on politically motivated charges.

On September 3, independent journalist Braulio Jatar, a dual Venezuelan-Chilean citizen, was detained by Venezuelan authorities after reporting on an impromptu protest against President Maduro in Villa Rosa, Margarita Island. Jatar was charged with money laundering by a Venezuelan court, and as of December 22, he remained in the custody of the Bolivarian National Intelligence Service (SEBIN).

On September 19, SEBIN agents arrested Marco Trejo, Cesar Cuellar, and James Mathison without a warrant for producing a short video denouncing military repression. The government alleged the individuals committed a military offense because the video featured actors in military uniforms and charged the three under the military’s code of conduct.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Bolivarian National Guard (GNB)–a branch of the military that reports to both the Ministry of Defense and the Ministry of Interior, Justice, and Peace–is responsible for maintaining public order, guarding the exterior of key government installations and prisons, conducting counternarcotics operations, monitoring borders, and providing law enforcement in remote areas. The Ministry of Interior, Justice, and Peace controls the CICPC, which conducts most criminal investigations, and SEBIN, which collects intelligence within the country and is responsible for investigating cases of corruption, subversion, and arms trafficking while maintaining its own detention facilities separate from those of the Ministry of Penitentiary Services. Police include municipal, state, and national police forces. Mayors and governors oversee municipal and state police forces. The Bolivarian National Police (PNB) reports to the Ministry of Interior, Justice, and Peace and had a reported 14,500 officers. According to its website, the PNB largely focused on policing Caracas’ Libertador municipality; patrolling Caracas-area highways, railways, and metro system; and protecting diplomatic missions; the PNB maintained a minimal presence in seven of the country’s 23 states.

Corruption, inadequate police training and equipment, and insufficient central government funding, particularly for police forces in states and municipalities governed by opposition officials, reduced the effectiveness of the security forces. There were continued reports of police abuse and involvement in crime, including illegal and arbitrary detentions, extrajudicial killings, kidnappings, and the excessive use of force.

Impunity remained a serious problem in the security forces. The Public Ministry is responsible for initiating judicial investigations of security force abuses. The Office of Fundamental Rights in the Public Ministry is responsible for investigating cases involving crimes committed by public officials, particularly security officials.

According to the Public Ministry’s annual report for 2015, the Office of Fundamental Rights cited 13,911 specific actions taken to “process claims” against police authorities for human rights abuses and charged 959 with violations. The Office of the Human Rights Ombudsman did not provide information regarding human rights violations committed by police and military personnel, nor did the Attorney General’s Office release data.

State and municipal governments also investigated their respective police forces. By law, national, state, and municipal police forces have a police corps disciplinary council, which takes action against security officials who commit abuses. The National Assembly also may investigate security force abuses.

During the year the government at both the local and national levels took few actions to sanction officers involved in abuses. According to the NGO Network of Support for Justice and Peace, the lack of sufficient prosecutors made it difficult to prosecute police and military officials allegedly involved in human rights abuses. In addition, NGOs reported the following problems contributed to an ineffective judicial system: long procedural delays, poor court administration and organization, lack of transparency in investigations, and impunity of government officials.

The National Experimental University for Security (UNES), tasked with professionalizing law enforcement training for the PNB and other state and municipal personnel, had centers in Caracas and five other cities. UNES requires human rights training as part of the curriculum for all new officers joining the PNB, state, and municipal police forces. Members of the PNB and state and municipal police also enrolled for continuing education and higher-learning opportunities as part of the Special Plan of Police Professionalization at UNES.

Societal violence remained high and continued to increase. The Public Ministry reported 19,453 homicides in 2015, a rate of 63.5 per 100,000 residents. The NGO Venezuelan Observatory of Violence estimated the rate to be higher, with 27,875 homicides, a rate of 90 per 100,000 residents. Criminal kidnappings for ransom were widespread in both urban centers and rural areas. Kidnappings included both “express kidnappings,” in which victims were held for several hours and then released, and traditional kidnappings. The Public Ministry reported 793 cases of kidnapping or extortion in 2015. NGOs and police noted many victims did not report kidnappings to police or other authorities due to fear of retribution or lack of confidence in the police and that the actual occurrence was likely far higher.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

While a warrant is required for an arrest, detention is permitted without an arrest warrant when an individual is caught in the act of committing a crime or to secure a suspect or witness during an investigation. Police often detained individuals without a warrant. The law mandates that detainees be brought before a prosecutor within 12 hours and before a judge within 48 hours to determine the legality of the detention; the law also requires detainees be informed promptly of the charges against them. Authorities routinely ignored these requirements.

Although there is a functioning system of bail, it is not available for certain crimes. Bail also may be denied if a person is apprehended in the act of committing a crime or if a judge determines there is a danger the accused may flee or impede the investigation. The law allows detainees access to counsel and family members, but that requirement was often not met, particularly for political prisoners. The constitution also provides any detained individual the right to immediate communication with family members and lawyers who, in turn, have the right to know a detainee’s whereabouts. A person accused of a crime may not be detained for longer than the possible minimum sentence for that crime or for longer than two years, whichever is shorter, except in certain circumstances, such as when the defendant is responsible for the delay in the proceedings.

Arbitrary Arrest: Foro Penal reported 5,853 cases of arbitrary detention between February 2014 and June 2016. Persons so detained claimed security personnel subjected them to inhuman and degrading treatment and in some cases torture.

Pretrial Detention: Pretrial detention was a serious problem. According to the OVP, approximately 79 percent of the prison population was in pretrial detention. According to the Supreme Court of Justice (TSJ), only 17 percent of trials concluded or reached sentencing. The NGO Citizen Observatory of the Penal Justice System attributed trial delays to the shortage of prosecutors and penal judges (4.7 penal judges per 100,000 inhabitants in 2010). The Public Ministry’s 2015 annual report stated it had 346 prosecutors specializing in common crimes who processed more than 556,613 cases during the year.

Cases were often deferred or suspended when pertinent parties, such as the prosecutor, public defender, or judge, were absent. An automated scheduling calendar in use since 2013, which selected dates based on the availability of all pertinent parties and prohibited judges from scheduling more than 10 hearings per day, did not reduce the backlog. In some instances judges scheduled hearings six months from the start of the case.

According to the Public Ministry’s 2015 annual report, the ministry pressed charges in 9.7 percent of the 556,000 cases involving common crimes. The ministry reported the closure of the remainder of the complaints but did not indicate final outcomes. Prisoners reported to NGOs that a lack of transportation and disorganization in the prison system reduced their access to the courts and contributed to trial delays.

On April 11, the Supreme Court ruled unconstitutional an amnesty law the National Assembly passed in March, which would have provided a framework to release political prisoners.

Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Individuals under detention may legally challenge grounds for their detention, but the processes were often delayed or tabled, and hearings were postponed, stretching trials for years. On many occasions the right to be judged in liberty for some offenders was not granted, and detainees were not allowed to consult with an attorney or to have access to their case records in order to challenge the detention. There are credible accounts that some detainees were placed on probation or under house arrest indefinitely and thus prevented from challenging their status by the threat of being sent back to detention.

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The Lessons of 1989: Freedom and Our Future