We, the Persons Deprived of Liberty (PPL - Personas Privadas de la Libertad) belonging to the Movimiento Nacional Carcelario (MNC - National Carceral Movement), isolated on the second floor of the Bello Medium Security Prison [Department of Antioquia], denounce, before national and international public opinion as well as before control bodies and human rights organizations, the grave atrocities and disproportionate use of force to which we were subjected by the Comando de Custodia y Vigilancia (Guard and Surveillance Command) of Bellavista prison, under the command of Captain Devia Molano Diego.
THE FACTS :
FIRST : On September 24, 2024, at around 6:30 a.m., the Comando de Custodia y Vigilancia entered Pavilion 16 of Bellavista prison, headed by Captain Devia Molano Diego. In total non-compliance with established procedure, the latter carried out an arbitrary operation during which PPL items were stolen. Other items were taken irregularly, including food and painkillers, and some of the furniture on our floor was damaged by various disproportionate actions: damage was caused to floorboards, toilets and PPL's personal items, such as clothing, caps, mattresses and pillows, etc.
SECOND : This complaint comes against the backdrop of the serious prison crisis raging in the country's various detention centers. The Bello-Bellavista prison is no stranger to this crisis, where a peaceful hunger strike took place on September 9 by the PPLs in pavilion 16.The aim of the strike was to demand the rights to human dignity, health and food, which are supra-constitutionally protected.
Despite this, non-compliance with previous agreements is notorious and continues, so that serious health and food problems persist. This has led us to adopt emergency plans to guarantee minimum health and food conditions. This situation led to a meeting with the Director of the Bello medium-security prison. To address the serious food and health situation, he was asked to make the necessary institutional arrangements to ensure that all items requested by the incarcerated population could be sold at the official store. In response to this request, the aforementioned official indicated that he was awaiting a budget supplement that would enable him to offer a greater variety and quantity of products to the PPL, as the economic resources of 2024 had already been exhausted.
THIRD : Up until now, we've been able to meet our own basic needs, which neither the prison nor the Penitentiary Services Unit (USPEC - Unidad de Servicios Penitenciarios), nor the subcontracted company responsible for running the official store and health services, have been able to meet. This is why we are surprised by the illegal actions of Captain Devia Molano Diego. Ignoring the serious humanitarian crisis in the country's prisons, and departing from the policy of prison humanization advocated by the General Management of INPEC (Instituto Nacional Penitenciario y Carcelario), the captain has taken the arbitrary decision to steal certain food products (tuna, sausages, beans, rice, sardines, powdered milk, cigarettes, instant soups, frutiño juice, oil, sugar, oats) as well as other personal items from the PPL (perfumes, clothes, gold jewelry, medicines for flu and common illnesses), all confiscated in an irregular manner without a seizure report being completed, thus opening the door to the corruption rampant within INPEC.
FOURTH : Captain Devia Molano Diego, commander of the guard and surveillance of the Bello medium-security prison who led the September 24 operation, was informed of his obligation to complete the seizure report for the confiscated items. Nevertheless, his stance was negative and reluctant, refusing the request even though he knew he was obliged to do so in order to guarantee proper administrative procedures, from which seizure operations are not exempt. Instead, the said official simply argued that the operation was part of an anti-corruption campaign, and then opposed an immediate meeting with the establishment's director. Captain Devia's actions, however, contradict the supposed aims of the anti-corruption campaign, as THE ABSENCE OF A SEIZURE REPORT ENCOURAGES CORRUPTION within the prison by preventing the control of irregularly extracted food and medicine. What a strange way for INPEC to fight corruption!
DEMANDS :
FIRST : That INPEC open a disciplinary investigation against Captain Devia Molano Diego.
SECOND : That copies be sent to the Fiscalia (Attorney General of the Nation) with the aim of investigating and sanctioning Captain Devia Molano Diego for the crimes of theft, abuse of authority and exceeding public functions.
THIRD : In addition to the promotion and follow-up of this complaint, that the Fiscalia, the Defensoria del Pueblo (People's Defender) of the Antioquia region and the Personeria Municipal de Bello act, according to their respective competencies, to demand that INPEC respect the normal procedures and other fundamental rights of the PPL.
Fourth : Immediate return of irregularly confiscated objects and foodstuffs. There are two aspects to this restitution. On the one hand, all products legally acquired at the official store must be brought immediately to the pavilion to be returned to their rightful owners, who will claim them on the basis of their invoice. This includes PPL clothing and other personal items. On the other hand, other items designated as “prohibited” must be handed over to parents or persons authorized by PPL. These include gold jewelry, rice, oil, instant soups, Ricostilla products, etc. More specifically, the following items, removed from the pavilion under the orders of Captain Devia Molano Diego, must be returned immediately:
- Canned beans (43)
- Tuna (21 canned)
- Canned sausages (15)
- Cigarette packs (82)
- Powdered milk (11)
- Assorted drinks (64)
- Sugar (6 kilos)
- Sardines (4 cylindrical cans)
- Sausages (2)
- Pas Noche sachets (20)
- Noxpirin (28)
- Acetaminophen tablets (100)
- Advil tablets (50)
- Dolex Gripa (30)
- Vicks lozenges (40)
- Frutiño juice (280)
- Instant soups (200)
- Ajinomen (flavored pasta soup) sachets (40)
- Pasta (80 x 250 grams)
- Gold bracelet, approx. 7 grams
- Gold ring, 4 grams
- Perfumes (10)
- New short-sleeved sweater (1)
- New pants (1 pair)
We value all the efforts to humanize prisons promoted by the President of the Republic Gustavo Petro Urrego and by the Director General of INPEC, Colonel Daniel Gutiérrez. May this philosophy become daily practice in the country's detention centers!
The prisoner is the one who does not fight!
National Prison Movement
Bello – Antioquia, september 25th 2024
Annex of denounciation
