Criterios internacionales de prisión preventiva de personas en situación especial de riesgo

Abstract

The main focus of this article is about the no applicability stature by the Guatemalan Government of the international criteria for preventive prison of persons in special risk situations. In which, it is shown that, with the evolution of human rights, the rights in favor of the processed has also evolved. More specifically, this refers to older adults and people that suffer from terminal or chronic illnesses who are internationally covered with protections that establish that preventive prison is their final resort. At the same time, these protections establish guidelines that the penitentiary system must comply with in relation to cases where persons in special risk situations find themselves deprived of freedoms. All of this is done to protect their lives and human rights, but the Guatemalan government does not comply with and leave these groups of people unprotected. This can be proved by a jurisprudential and legal study on the topic of “International Criteria for Preventive Prison of Persons in Special Risk Situations”. The proposed problem is: does Guatemala comply with the application of international criteria for preventive prison of persons in special risk situations? The working hypothesis is: “In Guatemala there is not compliance with the application of international criteria for preventive prison of persons in special risk situations resulting in no differentiated focus in the application of non-custodial measures, in favor of such groups. This results from the poor applicability of Conventional Controls. Corresponding with this information, the Guatemalan penitentiary system does not adapt to the needs of any person that is serving preventing prison and belongs to some of the groups in special risk situations”. This study is done from a legal approach drawing from the jurisprudential doctrine, studies done by other authors, international instruments, and information provided by Public Institutions related to the topic. This is done to point out the flaws of the Guatemalan Government by not applying the International Criteria for Preventive Prison of Persons in Special Risk Situations, ignoring the Conventional Controls.