EL BLOG DE LA FIIAPP. Cooperación Española

This project seeks to promote access to justice and healthcare for people in prisons who today live in overcrowded conditions, suffering from inhuman and degrading treatment and even torture.  The experts tell us how the pandemic has further exacerbated prisoners’ poor living conditions, generating a prison emergency in which the right to life cannot be guaranteed, and they leave us with a series of international recommendations to deal with the problem.

About a year ago, in February 2019, we published an article in which we reported on the work done by the European Union EUROsociAL+ Programme in coordination with the Inter-American Association of Public Defenders (AIDEF) in designing of a Regional Model of care for victims of institutional violence in prisons. At that time, we were already announcing a project to create a System of Registration, Communication and Comprehensive Care for Victims of Institutional Prison Violence (SIRCAIVI) in several Latin American countries. We hoped that if it was implemented as a new public policy, it might be very useful in promoting true access to justice and health (physical and mental) for those who may suffer inhuman or degrading treatment and even torture in jails.

This project was recently launched by EUROsociAL+ in Argentina, Chile and Costa Rica, in coordination with the Public Defenders of these countries.  Those of us who have been working on these issues for years at the Observatory of the Penal System and Human Rights at the University of Barcelona know the importance of permanent monitoring of prisons to promote a revaluation of the fundamental rights of people in custody. The project was already important in fulfilling that purpose then, but the current health emergency caused by Covid-19 in prisons has turned it into a priority.

If a year ago we were already aware of the serious situation of overcrowding in prisons in Latin America, where the average ratio of prisoners to every 100,000 inhabitants was 387 while the world average was 144, one year later, we have seen some systems that have broken almost all growth records worldwide. Since 2000, while the prison population in the world has grown by 24% on average, in Latin America it has grown by 121% – 67% in Central America and a spectacular 175% in South America.

Prison emergency

But the problem is not only quantitative, but also qualitative, where this extreme lack of space is compounded by serious deficiencies in health, food and safety, generating unhealthy environments where it is easy for diseases to spread and where conflicts between prisoners themselves and between prisoners and prison staff also make prisons places where institutional violence is the norm. It is not surprising that we have witnessed the sad news of riots and fires in prisons resulting in the deaths of tens or hundreds of people. Not surprisingly, in several countries the prison situation has been publicly declared a “prison emergency” or an “unconstitutional state of affairs”. Therefore, if the region’s prisons have become a time bomb since the beginning of the 21st century, where their collapse does not even guarantee their inhabitants the right to life or physical and mental integrity, the appearance of COVID-19 only serves to accelerate the countdown.

The combination of this new health emergency with the structural existence of extremely high levels of prison overcrowding in Latin America sounds an alarm that must be addressed immediately. Numerous international pronouncements have been published in recent weeks in that direction. From the United Nations, its High Commissioner for Human Rights, Michelle Bachelet, has called out forcefully for a demographic reduction in prisons. The same has been said by the UN Subcommittee on the Prevention of Torture. At the European level, the Committee for the Prevention of Torture and Other Inhuman or Degrading Treatment or Punishment has drawn attention to the responsibility for ensuring the right to health in prisons. Regarding Latin America, both the Commission and the Inter-American Court of Human Rights have published statements, recommendations and warnings about it. All these pronouncements (from organisations such as Amnesty International, Prison Reform International and Human Rights Watch) coincide on: the need to promote alternative or extra-penitential measures; the need to broaden the concept of the right to communications between these people and their families; the consideration that a prison term in the current circumstances and in countries with prison overcrowding may lead to the submission of prisoners to cruel, inhuman or degrading treatment or punishment, which must be combated, and; the need to strengthen prisoners’ right to health.

International Human Rights Law emphasises the “special position of guarantor” in which States find themselves with respect to the rights of people in prison. This means that it is their obligation to guarantee the health of prisoners, as well as to fulfil the measures required by free society, such as those of social distancing. But in overcrowded prisons, this is simply a pipe-dream. There is no alternative: public action plans aimed at drastically reducing the imprisoned population must be implemented.

International recommendations

The Magistrate of the Inter-American Court of Human Rights, the prestigious criminal justice expert Raúl Zaffaroni, states emphatically that we cannot deceive ourselves: “Thousands of human lives are at stake here and no one will be able to claim ignorance of this in the future, since we are all fully aware of the illegality of those sentences in such conditions of serving time, and if we do not do the right thing now, it is because the possibility is being wilfully accepted of the death of thousands of people, more than half of whom, in our countries, are not even convicted. We are facing a catastrophe and the states that allow the death of thousands of people in their overcrowded prisons would be internationally responsible, without prejudice to their authorities being responsible for large-scale crimes involving the abandonment of people. Let us not forget that letting thousands of people die, with a clear awareness that this would inevitably be the result of their inaction, omitting the urgent measures demanded by all the responsible bodies in the world, would be a typically wilful behaviour of mass abandonment of people, clearly characterised as a crime against humanity”.

Faced with such a panorama, we believe that the implementation of SIRCAIVI should include actions aimed at reducing the impact of the pandemic in prisons in Latin America. Especially insofar as it can directly influence the concept of institutional prison violence. It is in this sense that the Public Defenders of Argentina, Chile and Costa Rica (where the SIRCAIVI will be located) can see that their role of protecting the rights of people in prison will be strengthened as they take on the tasks of registering incidents caused by the pandemic, monitoring their evolution, and offering information to these people and their families.

Specifically, compliance with international recommendations can and should be monitored. These measures are also being demanded in European Union countries, with different degrees of acceptance.

The pandemic is global. Avenues used to deal with pandemics must also follow a common roadmap, which is the one that emerges from the international recommendations. Their timely fulfilment, before it is too late, is not only a legal duty but an ethical imperative in which, as part of contemporary civilisation, we all have a great stake.

Alejandro Forero Cuéllar and Iñaki Rivera Beiras, from the Observatory of the Penal System and Human Rights at the University of Barcelona, and experts from the EUROsociAL+ Programme.

Torrential rain and droughts are water-related meteorological phenomena, all increasingly extreme anywhere on the planet. This year, World Meteorological Day, under the heading of “climate and water”, is dedicated to these and other similar phenomena and focuses on the climate change effects which manifest themselves through water. 

According to data from the World Meteorological Organisation (WMO), humans cannot survive more than three days without water and there are currently 3 billion people worldwide who do not have basic facilities to wash their hands. Furthermore, knowing this, it must be taken into account that in the next 30 years the world demand for fresh water will increase between 20% and 30%. 

With the aim of commemorating the creation of the WMO on 23 March 1950 within the UN, this day also serves to highlight the contribution made by National Meteorological and Hydrological Services (NMHSs) to the security and well-being of societies; and, why not, to reflect on the importance of meteorology in the global context of climate change in which we live today. 

Water, a shared asset 

Extreme meteorological phenomena, the result of the climate change we all experiencing worldwide, are one of the greatest global threats. Specifically, those related to water pose a major risk due to their impacts both on sustainable development and on people’s safety. According to the WMO Secretary General, Petteri Taalas, in the organisation’s statement about 23 March, “The changes in the global distribution of rainfall are having important repercussions in many countries. Sea levels are rising at an ever-increasing rate due to the melting of larger glaciers, such as those in Greenland and Antarctica. This is exposing coastal areas and islands to an increased risk of flooding and the submergence of low-lying areas.” 

Rising rivers or floods are a source of peace and conflict, as most rivers and other freshwater areas cross borders, and decisions made by one country regarding the management of water resources often have an impact on other countries. In addition, food security is closely related to water: for example, the concentration of rainfall at certain times of the year or in certain places affects agriculture, movements and, ultimately, the survival of millions of people all around the world. 

Ample evidence of the chosen heading’s international significance is to be found in the fact that water and climate are the cornerstones of Sustainable Development Goal 6 (Clean water and sanitation) and 13 (Climate action), both included in the 2030 Agenda for sustainable development, which contain the global priorities for the next 10 years. 

Every drop counts for the EUROCLIMA+ project 

As expressly detailed by the WMO, data on water resources are currently incomplete and scattered, which greatly hinders joint work between countries and international cooperation to face global challenges, such as climate change. 

The EUROCLIMA+ project is working along these lines, hand in hand with AEMET in Central America, where, together with the different countries’ institutions, they are generating climate scenarios to anticipate the impacts of climate change and plan adaptation measures. In this sense, the project, financed by the EU and with the FIIAPP participating in the management, has its sights set on reviewing the impact, vulnerability and needs of adapting to climate change. 

The usefulness of the scenarios, in the words of the project specialist and AEMET meteorologist Jorge Tamayo, depends on having information so as to know “what is going to happen and what measures can be applied”, and also that such information can “be used by those responsible for water management, for planning”, for example “if they have to make a greater number of reservoirs or have to resize those that they currently have, to try to mitigate these effects at least by knowing them.” 

Working together to adapt or mitigate climate change is the same as working together for a more resilient future, as EUROCLIMA+ demonstrates. 

With the presence of numerous European and Latin American authorities, COPOLAD, EL PAcCTO and EUROsociAL+ combine efforts, work, discourse and media in this conference with the aim of achieving a greater impact of the issue on society.

The conference was closed with a broad agreement formalised in a joint declaration ratified by all the representatives of the participating Latin American and Caribbean countries, as well as by the European Union and by the three regional cooperation programmes organising the event: COPOLAD II, THE COURT and EUROsociAL+.

Each from its perspective, in this post the three projects highlight the common dimension that they share around alternative measures to imprisonment.

COPOLAD and the importance of coordination between institutions

In recent years, several alternative measures to prison have shown encouraging results by reducing, in some prisons, the overpopulation and with it, the problems associated with this situation. The lecture will explain the main lines of action in this area, which have shown positive results, consistently and in different social contexts, in relation to overcrowding and in addressing other associated problems. In this context, and in order to explore the successful alternatives implemented in some countries and the evaluation of their benefits, an aspect that is common, basic and essential for ensuring success in the application of any alternative measure will be considered.

This key factor is the need for inter-institutional coordination, a concept that is easy to formulate but more complex to apply. Inter-institutional coordination has proven to be at the centre of any action that promotes the development of public policies in the field of alternatives to prison if they are to be effective (evidence-based), efficient and aligned with development goals, especially the protection of human rights, the empowerment of women, the promotion of public health and good governance.

With this in mind, the conference will provide an opportunity to look more in-depth at what inter-institutional coordination means in this area, the implications of facing the many challenges of developing and managing opportunities and the coordination mechanisms (multisectoral platforms and tools) that must exist to improve horizontal cooperation between the judicial system and the security forces, as well as between social and healthcare services.

Teresa Salvador-Llivina is director of COPOLAD and Claudia Liebers is responsible for Institutional Relations and Project Strategy.

EL PAcCTO: the relationship between alternative measures to prison and organised crime

Worldwide, and Latin America is no exception, many states have a prison overpopulation that sometimes reaches alarming levels. Overcrowding is an evil in itself, since in addition to affecting the human dignity of persons deprived of liberty, it prevents or greatly complicates the correct implementation of social reintegration programmes, the physical separation between dangerous detainees and minor criminals or first-time offenders.  

Numerous international studies underline that prison cannot be the only solution for dealing with crime and show that, frequently, it becomes a crime school, favouring the proliferation of criminal groups that act inside and outside the detention centres, putting the safety of convicts and society as a whole at risk.  There are several criminal organisations that have emerged and have been strengthened in the prison environment, taking advantage of the weaknesses of the systems due to high overpopulation.  

Therefore, one of the main concerns of EL PAcCTO is the need to support the execution and use of alternative measures to deprivation of liberty, considering them as essential to easing congestion in prison systems and focusing attention on the most dangerous persons deprived of their liberty, who can recruit followers in prisons. For these reasons, we consider that the measures are also an essential tool for the fight against organised crime. 

In addition, alternative measures are a transversal issue that need a holistic approach, strong coordination and lead to cultural change and a shared approach among all the actors involved also in terms of external communication.  

Giovanni Tartaglia Polcini is the coordinator of the EL PAcCTO Prison systems component, Lorenzo Tordelli is the thematic co-coordinator-manager and Nathalie Boissou is the deputy coordinator.

EUROsociAL + , favouring social insertion and the abandoning of crime

In Montevideo, the EUROsociAL+ programmes, together with El PACcTO and COPOLAD, are currently organising a bi-regional conference on alternative measures to deprivation of liberty. All three, each from its own perspective, have addressed this issue, converging on common problems that make us work in the same direction.

 Imprisonment as a penalty, which should be a last resort, has been used indiscriminately in Latin America. There has been an exponential growth in the prison population in recent decades. This overpopulation, which has caused problems of overcrowding, health, and violence, has been questioned to the extent that it has shown not to be able to favour social insertion processes, nor has it had a deterrent effect reducing re-offending, or positive effects on social rehabilitation 

 The social cohesion approach, which the EUROsociAL+ programme promotes, is closely linked to the development and use of alternative measures to deprivation of liberty, not only because inequality contributes to violence, and this in a programme that aims to reduce all kinds of inequalities, but because in their eagerness to “leave no-one behind”, the question that should interest us above all is not why do criminals commit crimes? but why do they stop committing crimes? The search for actions that favour the decision to abandon crime is the key in the processes of social insertion of offenders and in alternative measures.

A special focus will be given to women deprived of their liberty in this conference. Despite the fact that the percentage is much lower than that of men, the number of women imprisoned in the region has almost tripled in recent decades. This growth is very fast and proportionally much higher than that of men. These trends should be a concern for governments and the prison system, still lacking or indifferent in dealing with the specific needs of women. It is urgent, therefore, to incorporate the gender perspective.

Of course, the application of alternative measures cannot be incorporated without the backing of reliable administrative action. Implementation requires a framework of action with rehabilitative measures that allow judges to give real consideration and offenders to take responsibility for their actions and change and abandon crime.

Sonia González Fuentes is coordinator of the Democratic Governance policy area of EUROsociAL+ at FIIAPP.

Representing an illegal business worth between 110 and 281 million dollars in 2018, according to estimates made by In­terpol and the United Nations Environment Programme (UNEP), environmental crimes have become the third most lucrative stream of illegal revenue in the world, after drugs and counterfeit goods.

These figures have increased exponentially in recent years, growing by several digits, assisted by an inadequate regulatory system and an offence classification and punishment system which often treats them as civil rather than criminal matters. In addition, allocating police and judicial investigation resources to other areas, such as drug and trafficking in human beings, as well as treating environmental crimes as low risk compared to other types of crime, has created a breeding ground for criminal activity. These organisations engage in illegal mining, deforestation and wildlife trafficking, among other practices, and encourage other crimes such as corruption, money laundering, the hiring of hit men and sexual and worker exploitation.

Bearing in mind that Latin America represents more than 40% of the world’s biodiversity and that the geographic and political complexity of the region makes effective territorial control by States difficult, the fight against environmental crimes as a whole is a herculean task.

Thus, it is necessary to develop strategic and operational actions at various levels. On the one hand, strategic development must necessarily entail the creation of an international regulatory framework, either by means of protocols annexed to important conventions such as the United Nations Convention against Transnational Organized Crime (Palermo Convention) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention), or by creating a new international treaty to serve as an umbrella to protect the environment and provide means for addressing environmental crimes.

On the other hand, at an operational level and in line with the conclusions and commitments of the Heads of State and the Ministers of the Interior of the seven largest economies  in the world, who met at the G7 on the 4^th and 5^th of April, 2019, in France, efficient coordination mechanisms and police and judicial cooperation, both national and regional, is required; as well as the creation of specialised multidisciplinary Task Forces and Joint Investigation Teams (JITs). In this regard, the European Union has a significant comparative advantage over other regions, having fostered the development of institutions whose main purposes are coordination, exchange of information and inter-institutional and inter-country work. Examples of this are Europol and Eurojust.

National agreements against environmental crimes

However, in my opinion, the most efficient but perhaps most complex action is the search for strategic alliances and National agreements to develop comprehensive public policies. These policies would both prevent and establish the criminal nature of environmental crime, and would include important aspects of the fight against poverty, gender perspectives, the promotion of entrepreneurship, promotion of culture and education.

National agreements, together with their public policies, must have a majority consensus of the population and be governed by five basic principles: a willingness to provide financing and specific budgets; control and inspection; transparency; good execution; and, citizen accountability.

In this sense, Latin America has an opportunity, the experience and a duty to take on international leadership when it comes to developing comprehensive public policies to fight environmental crimes more effectively, fostering the transition to a green and responsible economy, as well as sustainable economic growth to generate business and to boost development in communities which are directly dependent on specific ecosystems for their survival.

This applies to a significant percentage of approximately 60 million people who consider themselves indigenous in the Latin American region. Many of them live in the Amazon basin, which has lost 20% of its biodiversity in the last 50 years according to the World Wide Fund for Nature (WWF, 2018), for reasons linked to overexploitation and organised crime.

Because of their way of life and their number, these communities are key not only to changing economic and human development in many countries, but also to developing new approaches to sustainable economic development, the fight against environmental crime and climate change, taking into account the collaboration between civil society, private companies with corporate social responsibility and the State.

Economic development vs. protection of natural resources

At this point, it is necessary to highlight the dichotomy between, on the one hand, excessive economic development at any cost; and, on the other, protection of natural resources. It should be noted that, in part, the increase in illegal extraction of raw materials and deforestation to create of large areas of animal pasture and plantations has been caused by an unbridled increase consumption by humans.

We have to acknowledge that there are organised criminal groups behind these crimes because there is a specific demand in this regard. Voluntarily or involuntarily. Whether or not the demand is aware of the connection between violence and crime.

It is clear that all countries and societies in the world have the right, but not the obligation, to economic, cultural, and intellectual development. However, as the impact of climate change is more than evident, we must consider the need to change an unbridled system of economic growth, that allows the emergence of numerous crimes which will end up contributing to climate change and growing violence in countries.

Therefore, it is necessary to balance frenetic human consumption with the protection of the environment.

Marc Reina, Manager of the Police Cooperation Component of EL PAcCTO

Access to justice is a hallmark of the EUROsociAL+ programme, which is funded by the European Union and managed by FIIAPP, and is one of the dimensions through which the fight against exclusion and inequality is being organised.

Despite the notable advances in this area in the Latin American region, there is still a need to improve and guarantee access to justice for certain at-risk groups in order to strengthen social cohesion. Within that framework, the Brasilia Rules on Access to Justice for people in a vulnerable situation, which was approved by the Ibero-American Judicial Summit, are a key instrument for guaranteeing access to justice and contributing to social cohesion in the region. Since the beginning of EUROsociAL in 2005, the programme has supported the countries in the region as well as regional networks, not only in initially defining the Brasilia Rules in 2008, but also in revising and updating them in 2018 and in their dissemination and implementation at the national level in Latin American countries.

The case of Lorenza Cayuhan, which is presented in the video, is paradigmatic in this regard because it shows multiple discriminations (intersectionality of discrimination) for being a woman, Mapuche, pregnant and deprived of freedom, as was ultimately recognised by a ruling of the Chilean Supreme Court of Justice.

EUROsociAL+ Democratic Governance Policy Area

Early last month, I was fortunate enough to attend the 6th Global Summit of the Open Government Partnership in Canada , a gathering that brought together two thousand people from 79 countries and 20 local governments who, along with civil society organizations, academics and other stakeholders, make up the Open Government Partnership (OGP). This year, the Summit revolved around three strategic priorities: participation, inclusion and impact.

During the inauguration, and to my surprise, the initiative that we supported in the ACTUE project – a project managed by FIIAPP with EU funding between 2014 and 2018 – was displayed on giant screens: the Open Justice Strategy in the State Council of Colombia as one of the “ Stellar Reforms” selected in the last OGP cycle. It was very exciting to be able to experience that tangible impact of one of our projects, something that we rarely get to experience. I was even more thrilled than when I saw the Canadian Prime Minister Justin Trudeau live, which is really saying something. And for good reason, too. These 12 commitments have been selected by the Independent Review Mechanism from among hundreds of others for showing evidence of preliminary results that mean significant advances in relevant and transformative political areas .

The Open Justice Strategy in the Council of State of Colombia  has, for the first time, allowed the Court to begin publishing its previous agendas and decisions, as well as information on possible conflicts of interest of judges and administrative staff; essential aspects of public accountability, as well as enabling citizens and civil society to do their work of social control. In the long term, these changes can reduce corruption in justice institutions and allow them to regain the trust of citizens . Justicia Abierta is one of the political tendencies in open government that is gaining greater traction, given the major impact that its actions can have on citizens; In particular, access to justice makes it possible to exercise other rights. In addition, this sectoral action contributes directly to the advancement of the 2030 Agenda through goal 16, Peace, Security and Solid Institutions.

The ACTUE Colombia project was supporting the Transparency Secretariat of Colombia in the preparation of its OGP action plans, as well as civil society organizations, by using specialized technical assistance to promote the creation of a space for dialogue between administrations and civil society to define their own priorities in open government .

This is a good example of the positive impact that delegated cooperation can have, thanks to the flexibility and innovation they bring to our partners and the technical assistance on demand that we carry out.

About the ACTUE-Colombia project

The Anti corruption and Transparency Project of the European Union for Colombia (ACTUE-Colombia) has supported Colombian institutions in the implementation of key measures for a Open Territorial Government with the aim of making progress in the prevention of and fight against corruption both at the national and territorial levels. To this end, the project supported the creation of conditions for the fulfilment of international commitments, the strengthening of social control, the promotion of the co- responsibility of the private sector, and the generation of cultural and institutional changes .

The project is financed by the European Union and managed by FIIAPP in coordination with the Secretary for Transparency (ST) and Public Function (FP). It has assisted three regional governments, six city councils and two hospitals in areas such as applying the Law on Transparency and Access to Public Information, drafting Anti-Corruption and Citizen Information Plans (PAAC), fostering accountability and promoting public participation. It has thus helped officials to understand that the right to transparency and access to information is an essential right on which other rights depend. It has increased their awareness by institutionalizing advances in active transparency and their knowledge of how to identify and manage the risks of corruption.

Carolina Díaz, legal technician in the area of Justice and Security at FIIAPP and, between 2014 and 2018, member of the ACTUE Colombia team