INTRODUCTION

Once women are outside of prison they do not want to talk. They want to forget it. No woman deserves to live what is lived inside of prison.”[i]

Prisons are tailored particularly for men, as women make up only two to nine percent of the prison population in eighty percent of the world’s prison systems.[ii] As a result, the particular needs of incarcerated women are ignored and remain invisible.[iii] Hence, there is an urgent need to reevaluate women’s prison conditions without male prisons as a reference point because women’s needs inside of detention facilities are not being fulfilled by the states.[iv] In addition, it is important to understand the median background and profile of female detainees and their paths prior to incarceration. Understanding their backgrounds will makes us realize the importance of the implementation of gender-sensitive policies, like the Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules).[v] The Bangkok Rules where adopted by the United Nations General Assembly in 2010 with the intent to provide guidelines for states and address the needs of women in the criminal justice system by prioritizing the application of non-custodial measures.[vi] The Bangkok Rules contain gender specificities for women in detention facilities and states should implement them in all situations referring to women in prison.[vii]

First, this article will discuss the gender differences of women in prisons worldwide and the risk of torture and ill-treatment against women in detention. Second, this article will focus on the particular conditions of women with regards to the only women detention facility in Venezuela, the National Institute for Female Corrections (INOF). There are other women detained in annexes of male prisons, but this article will focus on the particular conditions of the INOF.[viii] Third, this article will expose the human rights violations in the INOF. Fourth, this article will explain the importance of the Bangkok Rules and propose the implementation of the following alternative measures: stop the excessive use of pretrial detention, decriminalize drug crimes, and implement non-custodial measures such as community service and probation.

ACKNOWLEDGING GENDER DIFFERENCES OF WOMEN IN PRISON WORLDWIDE

Being a woman intersects with conditions such as poverty, sexual orientation, race, and age.[ix] In order to understand the importance of the implementation of gender sensitive policies in Venezuelan prison settings, it is pivotal to examine the very unique and specific profiles of incarcerated women. Regretfully, research and documentation of the general backgrounds of women inside detention facilities in Venezuela[x] and Latin-America is limited.[xi] Nevertheless, the general profile of the average woman on a worldwide scale that goes to prison is a good example to use.

Women in custody, who are mostly mothers, are generally uneducated, have a low-income, have a background of trauma or violence, have substance abuse problems, and have mental health issues.[xii] Likewise, Penal Reform International, an organization that focuses on the criminal justice system, has identified that women deprived from liberty on a worldwide scale are women that have been physically and physiologically abused, women with drug-dependency issues who are poor, and women who have health problems.[xiii] Similarly, the Special Rapporteur on Violence Against Women of the United Nations argued in a thematic report that there is a strong link between violence against women and women’s incarceration.[xiv] The prevalence of drug issues is also a major problem; the Special Rapporteur on Violence Against Women has stressed that the high rates of women imprisonment are because of drug related crimes.[xv] Furthermore, women inside of prison have a higher tendency to suffer from mental illness than their male counterparts.[xvi] Poor comprehensive mental health programs inside of prisons have terrible consequences for women.[xvii] For example, some incarcerated women have substance abuse problems or psychiatric disorders due to the emotional pain and stress caused by being separated their children and families.[xviii]

Studies have also found that around eighty percent of incarcerated women are mothers who are usually the household’s primary caregivers.[xix] Different from men, some of these women take their children with them to prison.[xx] This happens in Venezuela, as this article will later demonstrate.[xxi] Children suffer as a consequence of the incarceration of their parents and also when they accompany their mothers in detention facilities. A research study conducted by the University of California found that imprisonment leads to a cycle of violence, and children of former incarcerated parents are at greater risk of future incarceration themselves.[xxii] Children are deeply affected by the incarceration of their mothers and studies have shown that they can suffer from poor school performance and aggressive behavior, which contributes to the criminality cycle.[xxiii]

RISK OF TORTURE AND ILL-TREATMENT AGAINST WOMEN IN DETENTION FACILITIES

Women in detention facilities are at a high risk of suffering from torture and ill treatment.[xxiv] The Inter-American Court of Human Rights has recognized that acts of sexual violence, such as rape and invasive body searches, are acts of torture while in detention.[xxv] Additionally, the European Committee for the prevention of torture has considered that not providing personal hygiene products to women such as sanitary pads and tampons can amount to degrading treatment.[xxvi] There are other situations that highlight the experiences of women that live inside of prison that put women at a high risk of suffering from torture and ill-treatment. [xxvii] For example, lack of health care services that cover specific needs of women such as sexual and reproductive rights and access to hormone therapy for transgender women. Also, the situation of pregnant, breastfeeding mothers, and women that live in prison with their children, and the separation of women from their family as they might be detained kilometers away from their family.[xxviii] Or, the lack of same sex custody staff. States have to be aware of the risks that imprisonment entails for women and the factors that contribute to torture and ill-treatment.

IMPRISONED WOMEN IN VENEZUELA

Women inside of detention facilities in Venezuela represent five point nine percent of the detainee population, while the world median is four point four percent.[xxix] This article focuses on the particular conditions of women in the only women detention facility in Venezuela, the National Institute for Female Corrections (INOF). The conditions inside of the INOF include: excessive use of pretrial detention; overcrowding; lack of access to food; lack of access to safe drinking water; lack of access to basic supplies, such as shampoo, soap, sanitary pads, or toilet paperesigned for e only one women n , toillet; unsanitary facilities; lack of medical attention; and sexual violence.[xxx] These conditions also affect the children that accompany their mothers.[xxxi] There are around eighteen to twenty children inside of the INOF that live in the same conditions as their mothers.[xxxii]

Excessive Use of Pretrial Detention

The excessive use of pretrial detention is one of the major aspects of the global problems of incarceration.[xxxiii] In Venezuela, fifty seven percent of the total prison population in Venezuela is in pretrial detention, which means that they are incarcerated before trial.[xxxiv] In the INOF, on the figures reported in 2016, 475 women where in pretrial detention and only 123 have been convicted.[xxxv] This means that more than seventy percent of the female population inside of the INOF is in pretrial detention, and due to the overcrowding, there is no separation of sentenced female detainees and women in pretrial detention.[xxxvi] The over-use of pretrial detention leads to overcrowding.

Overcrowding

The INOF is a detention facility designed for 250 women.[xxxvii] In March 2016, the Observatorio Venezolano de Prisiones, (OVP), a watchdog of prison conditions in Venezuela, reported that the facility holds more than 627 women.[xxxviii] Because the INOF is overpopulated, six to seven women must share a 2×3 square meter cell designed for one woman.[xxxix] Some detainees have no other option but to sleep on the concrete floor, which they sometimes cover with newspaper.[xl] Overcrowding and the over-use of pretrial detention in the INOF has led to the lack of separation between prisoners awaiting trial and sentenced prisoners.[xli]

Due to the overcrowding and the lack of adequate space in the INOF, the basketball court of the prison is used as a garbage dump and the trash can remain there for weeks with decomposing food, insects, and rats, thereby making the facility unsanitary.[xlii] Overcrowding not only impacts the space, but it also negatively impacts the quality of nutrition, sanitation, and health services.[xliii] Because of the overcrowding, there is a higher risk of transmitting diseases.[xliv]

Lack of Access to Food, Safe Water, and Basic Supplies

The lack of access to food is a major problem in the INOF. Since January 2016, the OVP stressed that women are receiving only one meal a day that is neither nutritious nor balanced.[xlv] The meal consists of a piece of bread, some crackers, or rice; the lack of food causes the prisoners to become malnourished.[xlvi] It is Venezuela’s responsibility to provide food to detainees.[xlvii] Due to the lack of food, family members have the burden of providing food to women in the INOF. To do so, guards engage in corruption and charge money to family members to bring in food.[xlviii] Adding to the lack of access to food, the INOF does not provide safe drinking water.[xlix] The detainees are forced to buy bottled water for three times the market value.[l] Otherwise, they do not drink water and get dehydrated, or if they drink the unclean tap water, they are exposed to serious health consequences, such as gastrointestinal viruses, diarrhea, and other infections.[li] In addition to the lack of access to safe water and food, the detention facility does not provide women with basic necessities such as shampoo, soap, deodorant, toilet paper, and sanitary pads.[lii]

One example of the conditions described above is the case of Araminta Gonzalez, who has been detained in the INOF since June 2014.[liii] Her lawyer disclosed that she had to trade her bible for soap because the INOF did not provide her with hygienic supplies.[liv] The inhumane treatment and cruel conditions are main factors that led her to attempt suicide four different times.[lv]

Absence of Medical Attention

Women inside of the INOF do not have access to both twenty-four hour a day medical attention and reproductive healthcare.[lvi] The Venezuelan authorities must provide medical attention seven days a week, especially inside of a female prison.[lvii] In the INOF, there is only a physiotherapist who acts as a night guard.[lviii] The INOF does not have the necessary medical equipment, staff, or even an ambulance in case of a medical emergency.[lix] The OVP has documented cases of death inside of the INOF because of the lack of necessary medical attention and equipment.[lx]

Sexual Violence and Sexual harassment Inside of the INOF

Everyone had sex with the female guards; almost all of the guards are women. Some female detainees were lesbians but others were not. However, if a female prisoner had a relationship with a guard she could have the best food, access to sanitary towels, shampoo, and safe water. The guards are truly taking advantage of the conditions.”[lxi]

One of the most disturbing situations in the only Venezuelan women prison is the ongoing sexual violence.[lxii] Sexual violence inside of the INOF occurs between guards and detainees or just the detainees themselves.[lxiii] There are female detainees called “machitos.”[lxiv] Machitos force new detainees to have and maintain sexual relationships with them in exchange for protection.[lxv] Furthermore, family members of women detainees have reported to the OVP that women inside of the INOF have been subjected to sexual violence and sexual harassment from security forces.[lxvi] For example, Maria Lourdes Afiuni, a former judge and INOF detainee, reported being subjected to rape, sexual violence, threats, and harassment during her detention.[lxvii] Delibeth Briceno, a student detained in 2014, reported being subjected to harassment, indecent touching, verbal violence, and threats.[lxviii]

HUMAN RIGHTS VIOLATIONS DUE TO THE PRESENT CONDITIONS IN THE INOF

Venezuela has failed its duty to provide adequate detention conditions in its only women’s prison. Venezuela has an international obligation to guarantee that all persons in its custody are treated with respect and dignity.[lxix] The Inter-American Court on Human Rights acknowledged this standard in the case Miguel Castro-Castro Prison v. Peru: “State is responsible, in its condition of guarantor of the rights enshrined in the Convention, of the observance of the right to humane treatment of any individual under its custody.”[lxx]

The deplorable conditions inside of the INOF, including the lack of healthcare, unsanitary facilities, overcrowding, absence of food and safe water violates the following international treaties signed and ratified by Venezuela:[lxxi] the International Covenant on Civil and Political Rights,[lxxii] the Optional Protocol,[lxxiii] the Inter-American Convention on Human Rights,[lxxiv] the Convention against Torture,[lxxv] and the Convention on the Elimination of All Forms of Discrimination Against Women.[lxxvi] All of these international treaties obligate Venezuela to improve conditions inside of prisons, to provide adequate facilities, to provide adequate healthcare services, to treat persons deprived of liberty with respect, to prohibit torture or ill treatment that occurs inside of prison, and to provide equal treatment to both men and women in detention.[lxxvii] Considering the basic principles of humanity for persons deprived of liberty, the inhumane and degrading conditions Venezuelan prisons must be improved. Venezuela must move forward and apply alternative measures to imprisonment based on the Bangkok Rules to comply with its international obligations.

THE BANGKOK RULES AND IMPLEMENTATION OF ALTERNATIVE MEASURES

It is important that Venezuela implements the Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) approved by the General Assembly of the United Nations in 2010.[lxxviii] These Rules are similar to the Mandela Standard Minimum Rules for the Treatment of Prisoners,[lxxix] but are specific to women. The Bangkok Rules contain gender-specific norms, give special attention to women offenders, and address women’s particular need and specific background.[lxxx] They legitimize the need for gender-specific norms in the criminal justice system.[lxxxi]

International bodies are in favor of states implementing the Bangkok Rules. The Special Rapporteur on Torture of the United Nations invited all states to: “fully and expeditiously implement the Bangkok Rules and establish appropriate gender-specific conditions of detention.”[lxxxii] Additionally, this Special Rapporteur has stated that, “measures to protect and promote the rights and address the specific needs of female . . .  prisoners are required and cannot be regarded as discriminatory.”[lxxxiii] The Bangkok Rules provide practical measures to protect the rights of women in detention,[lxxxiv] and are not separate or different from international standards. Accordingly, Venezuela must implement and apply the Bangkok Rules in cases of women deprived of liberty.

In addition to the current inhumane and degrading prison settings, Venezuela needs to apply alternative measures to imprisonment for two main reasons. First, alternatives to imprisonment avoid the high social and economic cost of detention and have proven more effective than imprisonment in preventing repeated offenses, particularly for minor, non‑violent offences.[lxxxv] Second, children of former incarcerated parents are at a greater risk of future incarceration, which leads to a cycle of violence.[lxxxvi] Venezuela should improve the current prison conditions inside of the INOF. However, due to the current political and economic crisis that has encompassed skyrocketing inflation,[lxxxvii] scarcity of food and medicine shortages,[lxxxviii] high rates of poverty,[lxxxix] and insecurity[xc] a short term solution is highly unlikely. This current situation highlights the importance of using the Bangkok Rules to expeditiously create and implement alternatives measures to imprisonment for women in Venezuela.

The implementation of alternative measures to imprisonment for women in detention convicted or charged for minor or non-violent crimes is a feasible solution to reduce the high rates of pretrial detention, the terrible prison conditions inside of the INOF, the vulnerability of women in prison experiencing torture and ill-treatment, and the cycle of violence.[xci] The Bangkok Rules establish diversionary and pretrial alternative measures as a solution for women offenders, and these measures “shall be implemented wherever appropriate and possible.”[xcii] The following are alternative measures in accordance with the Bangkok Rules that Venezuela must consider to improve its prison conditions.

RECOMMENDATIONS FOR IMPRISONMENT FOR WOMEN CONVICTED OR CHARGED FOR MINOR OR NON-VIOLENT CRIMES IN VENEZUELA

Stop the Excessive Use of Pretrial Detention

The excessive use of pretrial detention is one of the major problems in the criminal justice system in Venezuela.[xciii] The Inter-American Commission on Human Rights has recognized that “the excessive use of pretrial detention in the region has been a topic of numerous thematic hearings and a recurring matter in individual petitions.”[xciv] On the specific topic of women in detention, it is important to consider that overcrowding has a negative impact on women, because women remain invisible inside of prison settings and their gender-specific needs are not met in prison.[xcv] The Special Rapporteur on Torture has stressed that states must review legislation to reduce the level of detention and overcrowding, as this will help to improve the conditions of women inside of prison.[xcvi] Hence, Venezuela must stop the over-use of pretrial detention for women in detention charged or convicted of minor or non-violent offenses.

Decriminalize Drug Crimes

Another recommendation is to decriminalize non-violent drug offenses. For example, countries such as Portugal and the Czech Republic have decriminalized non-violent minor drug offenses, and have experienced cost savings, lower incarceration rates with no significant increase in problematic drug use, and public health benefits.[xcvii] There is a disproportionate burden of poverty that women bear, which makes women more susceptible to the coercion and corruption of drug use or the drug trade.[xcviii] Research conducted by the Johns Hopkins-Lancet Commission on Public Health and International Drug Policy has shown that in Mexico and the United States drug law enforcement agencies apply their policies toward racial, ethnic minorities and women in discriminatory ways.[xcix]

Despite the scarce official data available in Venezuela, some sources have indicated that women inside of detention facilities are mostly charged with drug crimes and are accomplices in the criminal offense of abduction. The decriminalization of drug crimes is a step towards reducing the number of female detainees and would stop the criminalization of vulnerable women with low education and mental health needs.

Probation for Non-Violent Crimes

Probation or parole is a form of conditional release with a set of rules that in case of failure will lead to incarceration.[c] Probation exists in the Venezuelan legal system, but it does not apply to non-violent offenders.[ci] It only applies to women in their last three months of pregnancy or mothers nursing until their sixth month.[cii] Parole must include the cases of women charged or convicted of non-violent crimes. For Venezuela to utilize probation, it must reform its regulations concerning conditional forms of release. Ultimately, the importance of including probation in cases of women charged or convicted of non-violent crimes relies on its implementation. This measure will provide mothers the opportunity to stay in society, live with and take care of their children, and avoid the social stigma of prison. The children will not have to experience the trauma of losing their mothers and mothers will have more opportunities to reenter society.[ciii] These measures will help Venezuela avoid the cycle of violence and prevent children of incarcerated mothers from becoming the next generation of inmates.[civ]

Community Service

“Bangkok Rule 59: Generally, non-custodial means of protection, for example in shelters managed by independent bodies, non-governmental organizations or other community services, shall be used to protect women who need such protection.”[cv]

Venezuela should also consider the implementation of community service, which tends to help women offenders and provide them with social capital opportunities that are usually unavailable in the regular criminal prison.[cvi] The implementation of community services also assists in the reduction of the cycle of violence in children, as women will not spend time away from their families.[cvii] Venezuela should provide women charged or convicted of minor non-violent or drug offenses a range of state services for them to work through that is tailored to each woman. This measure will ultimately help Venezuela, because fewer women will be in custody, which will reduce the economic cost of detention and the demand of healthcare. Venezuela will benefit from the productivity potential of female detainees.

CONCLUSION

Venezuela has failed its duty to have decent and humane detention facilities for women. The current conditions inside the INOF, including the excessive use of pretrial detention, which leads to overcrowding, lack of safe drinking water, lack of access to healthcare and basic supplies, lack of appropriate food, unhygienic conditions, and sexual violence, are inhumane and degrading for women. As explained above, the Bangkok Rules provide gender-specific practical measures and an understanding of the specific needs and backgrounds of women in detention. It is pivotal for the improvement of women’s conditions inside of the INOF that Venezuela implements the Bangkok Rules and creates gender-specific policies inside and outside of prison settings. Stopping the excessive use of pretrial detention, decriminalizing drug crimes, implementing community service, and providing probation for non-violent minor offenses are suitable solutions to the current situation of women in prison. These solutions take into account the particular conditions and particularities of women in detention. Specifically, the implementation of alternative measures for women offenders will help Venezuela avoid the high social and economic cost of detention and will help prevent of the cycle of violence. All of these measures will ultimately prevent torture and ill-treatment, reduce violence against women inside of prison, and create a culture of respect for the rights of women deprived of liberty.

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ENDNOTES

[i] Testimony of Maria Lourdes Afiuni, Venezuelan judge and former prisoner of the INOF (Feb. 14, 2016).

[ii] Rep. of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, ¶ 16, U.N. Doc. A/HRC/31/57 (2016).

[iii] U.N. Office on Drugs and Crime, Handbook on Women and Imprisonment, U.N. Sales No. E.14.IV.3 at 34 (2014).

[iv] Id. at 26 (quoting Shankardass, R.D.).

[v] G.A. Res. 65/229, The Bangkok Rules (Mar. 16, 2011).

[vi] Id.

[vii] Penal Reform Int’l, U.N. Bangkok Rules on Women Offenders and Prisoners, 4 (2013), https://cdn.penalreform.org/wp-content/uploads/2013/07/PRI-Short-Guide-Bangkok-Rules-2013-Web-Final.pdf.

[viii] U.N. CESCR, Observatorio Venezolano de Prisiones, Situation of Persons deprived of liberty in Venezuela, ¶ 131-36 (June 2015), http://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/VEN/INT_CESCR_CSS_VEN_20352_S.pdf.

[ix] Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Jan. 24, 2008, General Comment No. 2.

[x] CEPAZ, Follow-Up on the Recommendations Made to Venezuela by the Human Rights Council with Regards to the Discrimination and Inequality Suffered by Women on Gender Grounds, 15 (June 2015), http://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/VEN/INT_CESCR_CSS_VEN_20416_S.pdf.

[xi] This has been recognized by the Ombudsmen of Peru in their report on the implementation of the Bangkok Rules in 2013 in Lineamientos para la Implementación de las Reglas de Bangkok en el Sistema Penitenciario Peruano, Informe de Adjuntía Nº 006-2013-DP/ADHPD, Lima, (May 2013), http://www.defensoria.gob.pe/modules/Downloads/informes/varios/2013/Informe-006-2013-DP-ADHPD.pdf.

[xii] Rep. of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, supra note ii, at ¶ 24.

[xiii] Andrea Huber, Women in Criminal Justice Systems and the Added Value of the U.N. Bangkok Rules, Penal Reform Int’l 4 (2015), https://cdn.penalreform.org/wp-content/uploads/2015/04/Added-value-of-the-Bangkok-Rules-briefing-paper_final.pdf.

[xiv] Rep. of the Special Rapporteur on Violence Against Women, its Causes and Consequences, U.N. Doc. A/68/340 ¶ 2 (2013).

[xv] Id. at ¶ 23-26.

[xvi] Phyllis Harrison Ross & James E. Lawrence, Women in Jail: Mental Health Care Needs and Service Deficiencies, in Rosemary L. Gido & Lanette Dalley, Women´s Mental Health Issues Across the Criminal Justice System 121-23 (Prentice Hall 1st ed. 2009).

[xvii] Susan Greene et al., Cycles Of Pain: Risk Factors In The Lives Of Incarcerated Mothers And Their Children, 80 The Prison J. 3, 15-16 (2000).

[xviii] Id.

[xix] Handbook on Women and Imprisonment, supra note iii, at 18.

[xx] Huber, supra note xiii, at 14.

[xxi] Venezuelan Prison Observatory, Annual Report (2015), http://www.oveprisiones.org/defensores/presentacion-oficial-observatorio-venezolano-de-prisiones-presenta-informe-anual-2015.

[xxii] Ross D. Parke & K. Allison Clarke-Stewart, From Prison To Home: The Effect Of Incarceration And Reentry On Children, Families, And Communities, ASPE (2001), https://aspe.hhs.gov/basic-report/effects-parental-incarceration-young-children.

[xxiii] Susan Greene et al., supra note xvii, at 7.

[xxiv] Rep. of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, supra note ii, at ¶ 13.

[xxv] Miguel Castro-Castro Prison v. Peru, Merits, Reparations, and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 160,  Case 160, ¶ 312 (Nov. 25, 2006), http://www.corteidh.or.cr/docs/casos/articulos/seriec_160_ing.pdf.

[xxvi] Eur. Comm. for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 10th General Report on the Comm. for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment’s Activities, ¶ 31 (2000),  https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680696a74.

[xxvii] Penal Reform Int’l & Assoc. for the Prevention of Torture, Women in Detention: A Guide to Gender-Sensitive Monitoring 2 (2013), https://cdn.penalreform.org/wp-content/uploads/2016/01/women-in-detention-2nd-ed-v7.pdf.

[xxviii] Id. at 4.

[xxix] Int’l Ctr. for Prison Studies, World Female Imprisonment List 2 (2d ed. 2012), http://www.prisonstudies.org/sites/default/files/resources/downloads/world_female_imprisonment_list_third_edition_0.pdf.

[xxx] Venezuelan Prison Observatory, supra note xxi.

[xxxi] Id.

[xxxii] Id.

[xxxiii] Laurel Townhead, Pre-Trial Detention of Women And its impact on their children 4, Quaker U.N. Office (Feb. 2007), http://www.quno.org/resource/2007/2/pre-trial-detention-women-and-its-impact-their-children.

[xxxiv] Venezuelan Prison Observatory, supra note xxi.

[xxxv] Id.

[xxxvi] Id.

[xxxvii] Id.

[xxxviii] Venezuelan Prison Observatory, supra note xxi.

[xxxix] Id.

[xl] Id.

[xli] Id.

[xlii] Testimony of Maria Lourdes Afiuni, supra note i.

[xliii] U.N. Office on Drugs and Crime, Handbook on strategies to reduce the overcrowding in prisons, at 10, U.N. Sales No. E.14.IV.3 (2014).

[xliv] Id.

[xlv] Id. at 19; UNHRC, Report of “Una Ventana a la Libertad” for the Second Universal Periodic Review of Venezuela, Situation of the Human Rights of Persons Deprived from Liberty (Nov. 26, 2016).

[xlvi] Id.; Testimony of Maria Lourdes Afiuni, supra note i.

[xlvii] G.A. Res. 70/175, The Nelson Mandela Rules (Jan. 8, 2016).

[xlviii] Venezuelan Prison Observatory, supra note xxi.

[xlix] Id.

[l] Id.

[li] Id.

[lii] Id.

[liii] Jose Doming Blanco, Araminta Runrunes (Dec. 1, 2016), http://runrun.es/opinion/289046/araminta-por-jose-domingo-blanco.html.

[liv] Id.

[lv] Id.

[lvi] Id.

[lvii] The Bangkok Rules, supra note v, at 10.

[lviii] Venezuelan Prison Observatory, supra note xxi.

[lix] Id.

[lx] Id.

[lxi] Anonymous testimony from a former prisoner of the INOF.

[lxii] Venezuelan Prison Observatory, supra note xxi.

[lxiii] Id.

[lxiv] Id.

[lxv] Id.

[lxvi] Id.

[lxvii] Judge Afiuni Revels for the First Time the Abuses She was subjected to in Detention, Runrunes (Nov. 22, 2012),
http://runrun.es/runrunes-de-bocaranda/runrunes/58994/jueza-afiuni-revela-por-primera-vez-los-abusos-que-le-aplicaron-rojos-funcionarios-en-la-carcel.html.

[lxviii] Six Women that the Government has Not Granted a Life Free from Violence, Runrunes (Dec. 1, 2014), http://runrun.es/nacional/inbox/171846/agreden-las-mujeres-en-venezuela.html.

[lxix] Julie Ashdown & Mel James, Women in detention, 877 Int’l Rev. of the Red Cross 92, 123, 127 (Mar. 2010), https://www.icrc.org/eng/assets/files/other/irrc-877-ashdown-james.pdf.

[lxx] Miguel Castro-Castro Prison v. Peru, Case 160, Inter-Am. Comm’n H.R., ¶ 312 (2006).

[lxxi] International Covenant on Civil and Political Rights, Mar. 23, 1976, 999 U.N.T.S. 171; Convention of the Rights of the Children, Nov. 20, 1989, 1577 U.N.T.S. 3; Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S.13.

[lxxii] International Covenant on Economic, Social and Cultural Rights, Jan. 3, 1976, 993 U.N.T.S. 3.

[lxxiii] G.A. Res. 2200A (XXI), Optional Protocol to the International Covenant on Civil and Political Rights, Mar. 23, 1976.

[lxxiv] American Convention on Human Rights, Nov. 21, 1969, 1144 U.N.T.S. 143.

[lxxv] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85.

[lxxvi] Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13.

[lxxvii] International Covenant on Civil and Political Rights, Mar. 23, 1976, 999 U.N.T.S. 171; G.A. Res. 2200A (XXI), Optional Protocol to the International Covenant on Civil and Political Rights, Mar. 23, 1976; Convention of the Rights of the Children, Nov. 20, 1989, 1577 U.N.T.S. 3; Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S.13.

[lxxviii] The Bangkok Rules, supra note v.

[lxxix] Nelson Mandela Rules, supra note xlvii.

[lxxx] Huber, supra note xiii, at 1-3.

[lxxxi] Id.

[lxxxii] Rep. of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, supra note ii, at ¶ 70(a).

[lxxxiii] Id. at ¶ 13.

[lxxxiv] Ashdown & James, supra note lxix, at 129.

[lxxxv] Huber, supra note xiii, at 3.

[lxxxvi] Parke & Clarke-Stewart, supra note xxii.

[lxxxvii] Zeeshan Aleem, Venezuela’s 5th Minimum Wage Hike in a Year Shows its Economy is Collapsing, VOX (Jan. 9, 2017), http://www.vox.com/world/2017/1/9/14211930/venezuela-crisis-minimum-wage.

[lxxxviii] Venezuela: Government Assails Critics as Crisis Deepens, Human Rights Watch (Oct. 24, 2016), https://www.hrw.org/news/2016/10/24/venezuela-government-assails-critics-crisis-deepens; Jonathan Watts, Venezuela on the Brink: A Journey Through a Country in Crisis, The Guardian (Oct. 11, 2016), https://www.theguardian.com/world/2016/oct/11/venezuela-on-the-brink-a-journey-through-a-country-in-crisis.

[lxxxix] Emma Prestwich, Venezuela Food Shortages See Nearly 75 Per Cent Of People Lose Average Of 19 Pounds, Huffington Post (Feb. 24, 2017),  http://www.huffingtonpost.ca/2017/02/24/venezuela-food-shortages_n_14987124.html.

[xc] Jonathan Watts, Venezuela on the Brink: A Journey Through a Country in Crisis, The Guardian (Oct. 11, 2016), https://www.theguardian.com/world/2016/oct/11/venezuela-on-the-brink-a-journey-through-a-country-in-crisis.

[xci] Huber, supra note xiii, at 3.

[xcii] The Bangkok Rules, supra note v, at 18.

[xciii] Venezuelan Prison Observatory, supra note xxi.

[xciv] Inter-Am. Comm’n H.R., Rep. on the Use of Pretrial Detention in the Americas, OEA/Ser.L/V/II., Doc. 46/13 (Dec. 30, 2013).

[xcv] The Bangkok Rules, supra note v, at 18.

[xcvi] Press Release, OHCHR, Human Rights Council Discusses the Integration of a Gender Perspective Throughout Its Work and Mechanisms, Geneva (Sept. 26, 2016), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20583&LangID=E#sthash.7KZDMxhi.dpuf.

[xcvii] Id.

[xcviii] Emma Bonino, The Impact of Drug Policies on Women, Open Soc’y Founds. (Mar. 17, 2016), https://www.opensocietyfoundations.org/events/impact-drug-policies-women?utm_source=Open+Society+Foundations&utm_campaign=e38b2c0d42-events-20160425&utm_medium=email&utm_term=0_d16374add2-e38b2c0d42-49538017.

[xcix] Experts Call for Global Drug Policy Reform as Evidence Shows ‘War on Drugs’ has Harmed Public Health and Human Rights, Medical Express (Mar. 24, 2016), http://medicalxpress.com/news/2016-03-experts-global-drug-policy-reform.html.

[c] Parole, Merriam-Webster (last visited Mar. 31, 2017), https://www.merriam-webster.com/dictionary/parole.

[ci] Presidential Degree on the Criminal Procedure Code, N° 9.042, Article 231 (June 12, 2012), http://www.ministeriopublico.gob.ve/LEYES/CODIGO_OPP/index.html.

[cii] Id. 

[ciii] Venezuelan Prison Observatory, supra note xxi.

[civ] Id. at 19.

[cv] The Bangkok Rules, supra note v, at 18.

[cvi] Polly Radcliffe & Gillian Hunter, Imagining Penal Policy for Women: The Case for Women’s Community Services, The Howard League Penal Reform, Working Papers 4 (2014), http://www.icpr.org.uk/media/37856/HLWP_4_2014.pdf.

[cvii] Handbook on Women and Imprisonment, supra note iii, at 25.