National Criminal Execution Law, pending debt
Specialists point out that one of the greatest earrings in the field is to give full validity to the National Criminal Execution Law (LNEP)approved in 2016, in order to guarantee decent treatment and social reintegration.
Although the rule itself set a period of two years for the transition of the prison system and the entry into force of all its precepts, almost a decade of its promulgation persist the structural problems in the prisons, including overcrowding, violence and lack of basic conditions for social reintegration.
This law was posted in the Official Gazette of the Federation on June 16, 2016and orders to implement the following axes:
1.- Increase the number of supervision operations in the centers, in order to guarantee governance and reduce overpopulation in penalties.
2.- Improve penitentiary infrastructure.
3.- Strengthen the technological structure of the centers.
4.- Consolidate the training and professionalization of prison personnel.
5.- Standardize the processes and procedures of the National Penitentiary System.
6.- Develop a comprehensive social reintegration system.
For Sirvent, this rule has not been implemented in its entirety. One of the problems, he points out, is that the prison authorities do not even have clarity about who meets the requirements of Pre -liberation
“There are so many people deprived of liberty that authority does not know who are entitled to pre -liberation benefits, there are people who could already leave and the judges are not notified,” he says.
Therefore, he insists that execution judges must go beyond granting administrative benefits.
Pending debt is the true application of the National Law on Criminal Execution so that there is governance within and that there are no people who live with privileges or that can charge other inmates
María Sirvent, director of Documenta.
Gutiérrez, meanwhile, considers that it is also essential that judges, public defenders and prosecutors work jointly to expedite pre -liberations and thus reduce the pressure on the penalties.
“They have to work together with public defenders and specialized prosecutors in execution to contribute to the despressurization of the penitentiary system and ensure that these populations could be obtaining their freedom,” he says.
Another of the red foci that both specialists point out is the Extended use of preventive detention. According to Sirvent, “more or less 40% of people deprived of liberty have no sentence,” which contributes significantly to overcrowding.
“Preventive detention should be for exceptional cases, it cannot be possible for so many people to be imprisoned without a completed process,” he questions.
Along the same lines, Gutiérrez states that control judges also explore less aggressive precautionary measures to avoid a greater “collapse” of the system.
The specialists underline that the penitentiary crisis will not be resolved with transfers or isolated actions, but with a national integral policy.
For Gutierrez, it is also urgent to work on a National Social Reintegration Plan that approval criteria in all states and guarantee the co -responsibility of the authorities.
“What has to be determined is a mechanism of co -responsibility that contributes to guarantee the social reintegration of persons deprived of liberty. It is essential to design a plan that approves criteria in all states, which tropicalize by entity its state and federal plan for social reintegration to have a clearer control of how people deprived of liberty can be served,” he explains.
Sirvent adds that it is also necessary to analyze the social impact of the prison.
“It should be assessed if the prison is really the solution to the country’s security problems. For example, a woman who committed a minor crime ends in prison and leaves her children outside What impact it has and what cost for society represents?” He questions.
Beyond the figures and technical proposals, the crisis has an undeniable human cost. Gutiérrez warns that food and drinking water, for example, are often not a reality in prisons far from municipal headwaters, which puts the physical and psychological integrity of thousands of inmates at risk.
Both he and Sirvent agree that organisms and National Human Rights Commission and the National Mechanism for Torture Prevention They must assume a more active role to monitor and guarantee minimal conditions on penalties.
