sanctions for non-compliance. The State party should amend its Code of Criminal Procedure to ensure
full conformity with article 15 of the Convention. The State party should provide the Committee with
information on the number of confessions made under compulsion, torture or threat, or after
prolonged arrest or detention, that were not admitted into evidence.
Conditions of detention in penal institutions
(17) The Committee is concerned over the general conditions of detention in penal institutions, including
overcrowding. While welcoming the abolition of the use of leather handcuffs in penal institutions, the Committee
notes with concern allegations of instances of improper use of “type 2 leather handcuffs” as punishment. The
Committee is concerned at allegations of undue delays in the provision of medical assistance to inmates as well as
the lack of independent medical staff within the prison system.
The State party should take effective measures to improve conditions in places of detention, to bring
them in line with international minimum standards, and in particular take measures to address
current overcrowding. The State party should ensure strict monitoring of restraining devices, and in
particular adopt measures to prevent them being used for punishment. In addition, the State party
should ensure that adequate, independent and prompt medical assistance be provided to all inmates at
all times. The State party should consider placing medical facilities and staff under the jurisdiction of
the Ministry of Health.
Use of solitary confinement
(18) The Committee is deeply concerned at allegations of continuous prolonged use of solitary confinement,
despite the new provisions of the 2005 Act on Penal Institutions and the Treatment of Sentenced Inmates limiting its
use. In particular, the Committee is concerned at:
(a)
The de facto absence of a time limit for solitary confinement, as there is no limit on the renewal of the
three-month rule;
(b)
42 years;
The number of detainees who have been in isolation for over 10 years, with one case exceeding
(c)
Allegations of the use of solitary confinement as a punishment;
(d)
The inadequate screening of inmates subject to solitary confinement for mental illness;
(e)
The lack of effective recourse procedures against decisions imposing solitary confinement upon
persons serving sentences;
(f)
The absence of criteria to determine the need for solitary confinement.
The State party should amend its current legislation in order to ensure that solitary confinement
remains an exceptional measure of limited duration, in accordance with international minimum
standards. In particular, the State party should consider systematically reviewing all cases of
prolonged solitary confinement, through a specialized psychological and psychiatric evaluation, with a
view to releasing those whose detention can be considered in violation of the Convention.
Death penalty
(19) While noting the recent legislation broadening visiting and correspondence rights for death row inmates, the
Committee is deeply concerned over a number of provisions in domestic law concerning individuals sentenced to
death, which could amount to torture or ill-treatment, and in particular:
(a)
The principle of solitary confinement after the final sentence is handed down. Given the length of time
on death row, in some cases this exceeds 30 years;
63
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