A/65/44
prison facilities, including in its overseas territories. The Committee also takes note of the
State party’s research into the possibility of wider use of alternative non-custodial
measures. However, the Committee is still seriously concerned about the level of prison
overcrowding, which, despite significant improvements in certain establishments, remains
alarming, especially in the overseas territories. While acknowledging the information
provided by the State party in relation to the Ministry of Justice Action Plan of June 2009,
the Committee is also concerned about the reported suicide rate, as well as about the
frequency of violent incidents among detainees (arts. 11 and 16).
In addition to the necessary enlargement of the prison infrastructure undertaken by
the State party, and in the light of the abundant recent criminal legislation aimed at
introducing stricter penalties and reducing recidivism, with as a direct corollary
increased use of custodial sentences, the Committee invites the State party to carry out
a major review of the effects of its recent criminal policy on prison overcrowding, in
the light of articles 11 and 16.
In particular, the Committee recommends that the State party aim for wider use of
non-custodial measures as an alternative to the prison sentences handed down at
present. The Committee further recommends that the State party provide details
about specific action taken regularly to implement the recommendations issued by the
Inspector-General of places of deprivation of liberty following visits, including in the
case of detainees suffering from psychiatric disorders.
Waiting areas
(25) While noting the efforts the State party has made to improve the conditions
prevailing in waiting areas, including those at airports, by setting up a ministerial working
group to deal with the problems of minors in such waiting areas, the Committee remains
deeply concerned about the announcement, in connection with the bill on immigration,
integration and nationality of 31 March 2010, that waiting areas will be set up at all the
State party’s borders for foreign nationals entering outside a border crossing point, which
means that all such waiting persons will fall under a regime devoid of the procedural
guarantees applicable outside such areas, notably the right to see a doctor, to speak to a
lawyer, and to be assisted by an interpreter (arts. 11 and 16).
The Committee recommends that the State party take steps to ensure that living
conditions in waiting areas are in conformity with the requirements of articles 11 and
16 of the Convention, ensuring in particular that minors are shielded from acts of
violence by maintaining a strict segregation between minors and adults, and
rigorously applying the provisions stipulating that an ad hoc guardian must be
assigned to all minors and that any removal proceedings must guarantee their safety,
taking account of their vulnerability and with due respect for their person. In
addition, the State party is encouraged not to extend the current waiting areas, and to
pay particular attention to the implementation and follow-up of the recommendations
made by the Inspector-General of places of deprivation of liberty after visits to
existing waiting areas.
Suicide in custody
(26) The Committee is deeply concerned by the fact that the State party is described as
one of the countries of Europe with the highest number of suicides in prisons. Furthermore,
according to the figures provided to the Committee, more than 15 per cent of the prisoners
who took their own lives in 2009 were being held in disciplinary blocks at the time (art.
16).
The Committee recommends that the State party take all necessary measures to
prevent suicide in custody. In addition, it should, under the supervision of the Public
96
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