Independence of the judiciary and backlogs in dealing with cases
20.
While taking note of the State party’s efforts to reform the judiciary, the Committee
is concerned at reports of corruption and inefficiency of the judiciary; the large backlogs in
both civil and criminal cases; as well as at the large percentage of foreign judges who serve
on non-renewable contracts ranging from 2 to 7 years (art. 2, 12, 13 and 14).
21.
The State party should continue with its efforts to reform the judiciary; provide
the judiciary with relevant training; take vigorous steps to eradicate corruption by
conducting prompt, independent and impartial investigations into allegations of
interference with the judiciary; prosecute and punish the perpetrators; ensure the
independence of the judiciary from executive influence; reduce the backlog of cases,
including by increasing judicial capacity and providing the judiciary with the necessary
technical and financial resources to guarantee their integrity; and enhance the
efficiency of judicial proceedings.
Conditions of detention
22.
While taking note of the oral explanation by the delegation and of the opening of the
new Detention Remand Facility for male detainees in April 2017 and other improvements,
the Committee is concerned about:
(a)
The general high incarceration rate in the State party;
(b)
The 2009 three rioting incidents at the Montagne Posée Prison, deaths in
custody as well as inter-prisoner violence;
(c)
The absence of separation in certain cases of convicted prisoners from those
detained on remand; the incarceration of male and female prisoners sometimes on the same
place of deprivation of liberty; and that juveniles are not always separated from adults in
detention;
(d)
The acute shortage and reported lack of commitment of medical personnel for
persons deprived of their liberty;
(e)
The alarmingly high prevalence of HIV/AIDS and hepatitis among inmates
and absence of information on steps taken to prevent inmates from being infected after
incarceration (arts. 2, 11 and 16).
23.
The State party should:
(a)
Take all necessary measures to improve material conditions in all places
of deprivation of liberty, in keeping with the Standard Minimum Rules for the
Treatment of Prisoners (the Mandela Rules);
(b)
Take further steps to reduce overcrowding, in addition to those resulting
from the amendments to the Misuse of Drugs Act, including alternatives to
imprisonment in conformity with the United Nations Standard Minimum Rules for
Non-custodial Measures (the Tokyo Rules);
(c)
Continue the expansion and construction of other facilities for both male
and female prisoners and the improvement in their general living conditions;
(d)
Put in place systems to segregate juveniles from adult prisoners, convicted
prisoners from detainees on remand and male from female detainees;
(e)
Take necessary steps to reduce inter-prisoner violence, including by
providing additional training to prison staff, and ensure prompt and independent
investigations into deaths in custody, regardless of their causes;
(f)
Continue the implementation of the “Phoenix Programme” and any other
rehabilitation programmes developed to facilitate the social integration of detained
persons;
(g)
As a matter of priority hire additional medical doctors, including
specialists, and nurses who are committed to carrying out their jobs and that those on
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