In pursuance of its human rights protection and defense policy, the Colombian government is making considerable efforts at an institutional level in order to protect the human rights and dignity of prison inmates, and improve their living conditions. To this end, the Government is working to improve the prison system by increasing the number of places in jails, and finding solutions to administrative problems in penal institutions. At the highest level of the State, the National Criminal Policy Council is dealing with these matters.

VIOLENT DEATHS IN PRISON

Source: INPEC, Planning Office.

Constitutional Court ruling T153 of March 1998 tackled the prison issue in depth, and set the courses of action that the Colombian State should take in order to find a satisfactory solution to the problems facing the prison system. This includes reducing overcrowding, separating persons indicted from persons convicted, and ensuring the rehabilitation of inmates and meeting their basic needs. Planning relating to these efforts has been the responsibility of the National Economic and Social Policy Council, CONPES. The central government is working on each of the issues mentioned above, following these guidelines and instruments. To reduce prison overcrowding, the government is carrying out a Penitentiary Infrastructure Expansion Plan financed by the Prison Infrastructure Fund. The aim is to build and renovate jails. In 2000 the National Economic and Social Policy Council, CONPES, approved allocations amounting to 363,000 million pesos for a three-year plan. This is in addition to efforts made by the Attorney General's Office, which is currently concluding a study on overcrowding at police stations.

In view of the magnitude and complexity of the present situation of overcrowding and congestion in prisons, INPEC and the judicial authorities are combining efforts to transfer individuals in preventive detention to penal institutions intended for that purpose, thus ensuring that convicted persons are kept apart from those indicted. However, given the characteristics of the penal system itself, between 2000 and 2001 the application of the relevant measures failed to produce a significant change in the ratio between individuals indicted and individuals convicted. In this regard, mention should be made of the proven repercussions on overcrowding levels of the fall in the number of crimes punishable by prison in the new Penal Code.

LEGAL SITUATION OF INMATES, 1998 - 2001

Source: INPEC. Average figures.

Strengthening the penitentiary service through a substantial increase in staff members and their professionalization has been crucial to achieve an improvement in the prison situation, particularly as regards the problems relating to prison administration. During 2001, 554 new guards and 40 professionals were added to the system's payroll. In 2002 the prison guard staff has come to 8,093 persons. Approval has been given to increase this figure by 1,000. Furthermore, a section specializing in human rights was created at the National Penitentiary Institute, in charge of the prison system, in order to guarantee the authorities' control over the prison population through methods and practices that ensure respect for the rights and dignity of inmates. INPEC's Human Rights Group, created by Resolution 02972 of September 12, 2001, is in charge of sensitizing INPEC officials to the need of respecting and protecting human rights. To achieve this, the Group offers training in human rights and international humanitarian law, deals with, and keeps watch, on cases relating to suspected or proven human rights violations attributed to INPEC officials, and gives advice on the handling of humanitarian problems, as well as on penitentiary-related human rights and international humanitarian law issues. From the beginning, the Group has succeeded in coordinating its work with that of governmental and non-governmental human rights institutions and organizations, both national and international. INPEC is redoubling its efforts to strengthen the commitment of the guards and security staff as regards the provision of a comprehensive service to inmates, through training programs that include courses on human rights and international humanitarian law.

In addition, in order to ensure the authorities' control over the prison population and guaranteeing the life and integrity of inmates, regular control operations are being carried out with the support of the Prosecutor General's Office, the DAS, the CTI, and the Police. These operations include the search and inspection of prison and penitentiary institutions throughout the country. Large quantities of hand-made sharp instruments, such as knives, blades, hole punches, saws, files and screwdrivers have been seized. Between September and December 2001 INPEC carried out 41 inspections and searches of prison and penitentiary establishments up and down the country, in which 7,934 hand-made sharp instruments used as weapons were seized.

PRISON OVERCROWDING PRISON POPULATION VS PRISON CAPACITY AVERAGE FIGURES 1998 - 2001

Source: INPEC. Processed by the Observatory of the Presidential Program for Human Rights and IHL, Office of the Vice President of Colombia. Average figures, January - November 2001.

The number of violent deaths continues to be high in Colombian prisons. Nevertheless, the figures are starting to decrease through the government's efforts.

The Ministry of Justice and INPEC have stepped up efforts to guarantee an effective control over the conduct of the administrative and security staff, and ensure that all cases of corruption are investigated and punished. Progress is being made in the creation of INPEC Inspector's Office to promote disciplinary investigations of the institution's officials. Furthermore, intelligence and counter-intelligence units are being set up inside INPEC. All departments provide the necessary support to allow the Office of the People Advocate to watch over detention conditions.

Exercising their discretionary and disciplinary powers, INPEC's authorities have discharged a number of officials. Between January 2000 and June 2001, 442 members of INPEC were dismissed, 214 of them on disciplinary grounds.

As part of the guarantees of inmates' rights, the Colombian State provides health service through INPEC. The health program covers 100 per cent of the prison population in terms of drugs and treatments. This includes the setting up of mental health units. An education program is also under way, with the participation of 6,014 inmates at various levels during 2001, as follows: 1,067 at basic literacy level, 3,002 at primary education level, 1,826 at secondary education level, and 119 at the level of higher education. As far as job opportunities are concerned, 22,707 inmates were given employment in 2001 in industrial, handicraft, agricultural, and service activities. INPEC also provides care and education for children of women inmates through six nursery schools located in female prisons in Bogotá, Pereira, Bucaramanga, Cúcuta and Medellín. They serve nearly 530 children.

Furthermore, a bill for a new Penitentiary and Prison Code that abides by international rules and principles is currently under study. Beyond its contents, its effectiveness will depend on the adequacy of the relevant implementation mechanisms.