CAT/C/RWA/CO/2
(c)
Ensure that the judiciary continues to monitor the need for and the
length of pretrial detention, and provide compensation to victims of unjustified
pretrial detention.
Detention conditions
26.
While welcoming the general improvement of prison conditions through the
construction of new facilities and the renovation of the remaining ones, as well as through
the establishment of the “prison watch system”, the Committee notes with concern that the
number of prison staff and medical professionals is still insufficient, as is access to an
adequate quantity and quality of food and water. It is also concerned over reports that
children in conflict with the law are not separated from adults in several police stations and
pretrial facilities and in prisons, although the separation is compulsory by law. The
Committee regrets the State party’s failure to provide disaggregated data on the capacity
and occupancy rates of all places of detention (arts. 2, 11 and 16).
27.
The Committee recommends that the State party continue its efforts to bring
the conditions of detention in police stations and prisons into conformity with the
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
Mandela Rules). In particular, the State party should:
(a)
Ensure that detainees are provided with a sufficient quantity and quality
of food and water, adequate sanitation and hygienic conditions and that a sufficient
number of prison staff and health professionals is deployed in the facilities;
(b)
Ensure the strict separation of juveniles from adults and pretrial
detainees from convicted detainees in all detention facilities;
(c)
Avoid detaining minors in conflict with the law and ensure that they are
deprived of their liberty only as a last resort and for as short a period of time as
possible, in accordance with the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (the Beijing Rules).
Disciplinary sanctions in places of detention
28.
The Committee takes note that the Instructions of the Commissioner General of
Prisons of 2015 establish procedures for handling acts of serious misconduct inside prisons
and limit the imposition of solitary confinement to a maximum period of 15 days. It is,
however, concerned by reports indicating that prison staff often resort to beatings as a form
of punishment and that solitary confinement is frequently imposed for up to 30 days (arts.
11 and 16).
29.
The State party should monitor disciplinary practices inside prisons and ensure
that they are in line with international standards, especially rules 36 to 46 of the
Nelson Mandela Rules. In particular, it should ensure that:
(a)
Corporal punishment is strictly prohibited;
(b)
Solitary confinement is used only as a last resort, for as short a time as
possible and never for periods in excess of 15 consecutive days, and subject to strict
judicial oversight and control;
(c)
Due process rights are always observed in disciplinary proceedings
against detainees;
(d)
Any official who fails to respect these rules is subjected to the
appropriate criminal and/or disciplinary sanctions.
Detention and ill-treatment in “transit” and “rehabilitation” centres
30.
The Committee is concerned at the extended use of administrative detention in
“transit” and “rehabilitation” centres, where persons suspected of prostitution, drug
addiction or petty crime and homeless people are arbitrarily detained for prolonged periods
of time and without judicial process. While noting the recent adoption of Law No. 17/2017,
which defines these centres as premises to educate persons exhibiting “deviant behaviours”,
7