Constancia sobre violación de derechos humanos de los adolescentes infractores de la ley penal en los centros del SRPA

Constancia sobre violación de derechos humanos de los adolescentes infractores de la ley penal en los centros del SRPA

CONSTANCIA: VIOLACION DE DERECHOS HUMANOS DE LOS ADOLESCENTES INFRACTORES DE LEY PENAL EN LOS CENTROS DEL SRPA

23 de septiembre de 2014

En mi calidad de Representante a la Cámara por Bogotá, me permito dejar la siguiente Constancia relacionada con los primeros resultados que presenta la Comisión de Verificación del Sistema de Responsabilidad Penal para Adolescentes – SRPA-  en reunión del pasado jueves 18 de septiembre realizada en el Ministerio de Justicia: 

  1. Es importante precisar que la Comisión de Verificación para el SRPA surgió mediante Proposición 077 que presenté y que fue aprobada por esta Plenaria el 17 de junio de 2014, la cual tiene como objetivo presentar un informe a la Cámara de Representantes en donde se especifique cuáles son las condiciones de derechos humanos en que se encuentran los adolescentes infractores de la ley penal en los Centros Transitorios (CETA), en los Centros de Atención Especializada (CAE) y en los Centros de Servicios Judiciales para los adolescentes (CESPA) de diferentes ciudades del país.

La Comisión de Verificación está conformada por la Defensoría del Pueblo, el Instituto Colombiano de Bienestar Familiar -ICBF-, el Ministerio de Justicia, el Ministerio de Hacienda, un delegado del Alcalde de la ciudad que se está visitando y UNICEF como Observador Internacional y lleva funcionando casi dos meses, en los cuales se ha conformado el equipo de profesionales expertos, preparado rigurosamente los instrumentos metodológicos a aplicar en las visitas y se han desplazado a los Centros del SRPA en Bogotá y Cali.

  1. Desde que llegué como Representante a la Cámara en el 2010 el primer debate de control político que realicé en noviembre de ese año en la Comisión Séptima de la Cámara de Representantes fue sobre los adolescentes infractores “víctimas o victimarios”, luego logramos en el art. 110 de la Ley 1453 de 2011 la inclusión de una Comisión de Evaluación del Sistema de Responsabilidad Penal para Adolescentes, la cual señaló (el 16 de febrero de 2012 ante el Congreso) la total desarticulación de las instituciones que componen el Sistema, la ausencia de una justicia restaurativa en los Centros y la falta de un ente rector que lo lidere y que permita el cumplimiento de las finalidades consagrados en el art. 140 del título segundo del Código de Infancia y Adolescencia, entre otros puntos críticos.
  1. Me he reunido con los diferentes Ministros de Justicia para expresarles la preocupación sobre la situación que viven los adolescentes infractores de la ley penal en los Centros del SRPA, el hacinamiento, la ausencia del servicio de salud, la falta de resocialización acorde con los principios de especialización, diferenciado y pedagógico que debe cumplir la justicia restaurativa del Sistema,

Recordemos quienes son los jóvenes que se encuentran en el SRPA: provienen de familias de extrema fragilidad económica y social, no han tenido oportunidades y alternativas de vida y terminan siendo en muchos casos utilizados por bandas criminales.

  1. Hoy, dos meses después de la Audiencia Pública: “Jóvenes Infractores en Colombia, la vida como castigo” llevada a cabo en el Auditorio Luis Guillermo Vélez el 16 de julio de 2014, en la que denuncié las graves violaciones de los derechos humanos de los adolescentes en algunos Centros del SRPA y presenté casos concretos como el del CESPA en Bogotá, el Centro Transitorio de Soacha y el Centro de Atención de Zaragoza (Soacha), fueron las razones que consideré fundamentales para el papel que podría tener la Comisión de Verificación que permitiera visibilizar las reales condiciones de los adolescentes en muchos otros Centros del SRPA en el país.
  1. Es así como en reunión de la Comisión de Verificación del pasado jueves 18 de septiembre la Defensoría del Pueblo presenta los primeros resultados, después de un riguroso análisis técnico de las visitas realizadas en los Centros de Bogotá y Cali, y solicita con el apoyo de Unicef al ICBF acciones inmediatas de cierre definitivo de las celdas de castigo del Centro de Atención Especializado El Redentor e igualmente las celdas de castigo del Centro Luís Amigó, dadas las flagrantes violaciones a los derechos humanos de los adolescentes los cuales van en contravía de las normas nacionales e internacionales de Justicia Juvenil suscritas por Colombia.

Del mismo modo, solicita se ordene mediante directriz del ICBF a los operadores de los Centros del Sistema de Responsabilidad Penal para Adolescentes -SRPA se abstengan de prohibir las visitas de las familias, cuando por alguna circunstancia están los adolescentes siendo objeto de algún tipo de sanción al interior del Centro. Solicitud que encuentro completamente justificada toda vez que la familia es el referente más importante de afecto y vínculo del adolescente con el exterior y por el contrario lo que se necesita es fortalecerlo como uno de los elementos fundamentales de la resocialización.

Por todo lo anterior, estoy muy atenta de las acciones que adelanté el ICBF consciente como fue, en la reunión de la Comisión de Verificación, de los problemas que tiene el Sistema y del compromiso que le asiste a la nueva Dirección del ICBF con los adolescentes infractores de la ley penal.

Estos primeros resultados son imperativos para la garantía de los derechos humanos de los adolescentes. El encierro en celdas de castigo está prohibido por las normas nacionales e internacionales y nuestros adolescentes infractores las padecen actualmente retrocediendo a situaciones infrahumanas que conocimos en las celdas  de la edad media. Ni siquiera los adultos en las cárceles colombianas tienen semejantes situaciones.

Estos hallazgos hacen parte del Informe que presentará la Comisión de Verificación en el mes de noviembre del presente año a la Cámara de Representantes y que permitirá visibilizar las reales condiciones de derechos humanos de los adolescentes infractores y los ajustes necesarios que tendrán que implementar las diferentes instituciones que hacen parte del Sistema de Responsabilidad Penal para Adolescentes.

ANGELA MARÍA ROBLEDO GÓMEZ

Representante a la Cámara

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