Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Although the law prohibits torture, beating, and physical abuse of detainees and prisoners, there were reports security force members, primarily police, carried out such practices.
The NHRC reported police used various forms of physical and mental abuse to obtain confessions from detained suspects. According to the NHRC, methods used to extract confessions included covering detainees’ heads with plastic bags, hitting them with broom handles, forcing them to remain standing overnight, and hitting them in the ears with gloved fists or hard furniture foam so as not to leave marks. In June the newspaper El Caribe reported allegations that inmates in Rafey Jail were frequently tortured, which penitentiary authorities denied.
Prison and Detention Center Conditions
Prison conditions ranged from general compliance with international standards in “model” prisons or correctional rehabilitation centers (CRCs) to harsh and life threatening in “traditional” prisons. Threats to life and health included communicable diseases, inadequate sanitary conditions and medical care, a lack of well-trained prison guards, and prisoner-on-prisoner violence, all of which were exacerbated in the severely overcrowded traditional prisons.
Physical Conditions: Gross overcrowding was a problem in traditional prisons. The Directorate of Prisons reported that as of August there were 17,094 prisoners in traditional prisons and 9,192 in CRCs, a ratio that remained constant for the past several years because traditional prisons had not been phased out. La Victoria, the oldest traditional prison, held nearly 8,000 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at all 19 traditional prisons exceeded capacity, while only one of 22 CRCs was over capacity. Both male and female inmates were held in La Romana Prison but in separate areas.
Police and military inmates received preferential treatment, as did those in traditional prisons with the financial means to rent preferential bed space and purchase other necessities.
According to the Directorate of Prisons, military and police personnel guarded traditional prisons, while a trained civilian guard corps provided security at CRCs. Reports of mistreatment and violence in traditional prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some traditional prisons remained effectively outside the control of authorities, and there were reports of drug and arms trafficking, prostitution, and sexual abuse within prisons. Wardens at traditional prisons often controlled only the perimeter, while inmates controlled the inside with their own rules and system of justice. Although the law mandates separation of prisoners according to severity of offense, authorities did not have the capability to do so.
In traditional prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because there were no beds available. Prison officials did not separate sick inmates. Delays in receiving medical attention were common in both the traditional prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or other outside associates to deliver their medications. Most reported deaths were due to illnesses. According to the Directorate of Prisons, all prisons provided HIV/AIDS treatment, but the NHRC stated that none of the traditional prisons were properly equipped to provide such treatment.
In CRCs, some prisoners with mental disabilities received treatment, including therapy, for their conditions. In traditional prisons, the government did not provide services to prisoners with mental disabilities. Neither CRCs nor traditional prisons provided access for inmates with disabilities, including ramps for wheelchairs.
The International Organization for Migration (IOM) reported that migration detention centers were not adequately equipped to accommodate large numbers of detainees and at times were overcrowded. IOM representatives noted the centers needed improved sanitary facilities, better access to drinking water, and more structures to protect waiting detainees from the sun. The General Directorate of Migration generally provided food to detainees being held at the border with Haiti but at times asked the IOM for support.
In October 2017 the Constitutional Tribunal declared the condition of some jails were a “gross and flagrant” violation of the constitution and ordered the Attorney General’s Office to take steps to improve them within 180 days or face a fine of approximately 21,450 pesos ($430) per day. In April the attorney general announced the creation of “mobile courts” at some prisons, including the largest, La Victoria, to speed up the processing of cases and reduce overcrowding.
Administration: Authorities conducted proper investigations of credible allegations of mistreatment.
Independent Monitoring: The government permitted visits and monitoring by independently funded and operated nongovernmental observers and media. The NHRC, National Office of Public Defense, Attorney General’s Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits.