CAT/C/CHE/CO/7
in July 2014, the physical conditions of police detention in the canton of Vaud amount
to degrading treatment given the unreasonable length of detention (arts. 11 and 16).
The Committee recommends that the State party pursue its efforts to improve
prison conditions as a matter of urgency, in accordance with the
recommendations of the National Commission for the Prevention of Torture, and,
in particular, that it:
(a) Be more persistent in its attempts to reduce prison overcrowding at
Champ-Dollon, in particular by increasing the use of alternatives to custodial
sentences, such as community service, in accordance with the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules);
(b) Honour its commitment to modify the regime for pretrial detainees to
reflect their status as unconvicted persons;
(c) Take the necessary steps to guarantee strict separation and appropriate
treatment for adults and minors, and for men and women;
(d) Improve the physical conditions of detention in police stations in the
canton of Vaud and ensure the strict application of the maximum duration of
police custody;
(e) Make thorough and impartial inquiries into all acts of violence
committed in prison facilities and continue its efforts at prevention of violence in
Champ-Dollon;
(f) Ensure that solitary confinement in high security facilities is never
applied to persons with a psychosocial disability;
(g) Ensure that therapeutic
guaranteed in all cantons.
treatment
in
appropriate
facilities
is
Intersex persons
20. The Committee welcomes the Federal Council decision to give an o pinion by the
end of 2015 on the recommendations of the National Advisory Commission on
Biomedical Ethics with regard to the unnecessary and in some cases irreversible
surgical procedures that have been carried out on intersex persons (i.e. persons with
variations in sexual anatomy) without the effective, informed consent of those
concerned. However, the Committee notes with concern that these procedures, which
reportedly caused physical and psychological suffering, have not as yet given rise to
any inquiry, sanction or reparation (arts. 2, 12, 14 and 16).
The Committee recommends that, in light of the forthcoming decision by the
Federal Council, the State party:
(a) Take the necessary legislative, administrative and other measures to
guarantee respect for the physical integrity and autonomy of intersex persons and
to ensure that no one is subjected during infancy or childhood to non -urgent
medical or surgical procedures intended to decide the sex of the child, as
recommended by the National Advisory Commission on Biomedical Ethics and
the Committee on the Rights of the Child (see CRC/C/CHE/CO/2-4, para. 43 (b));
(b) Guarantee counselling services and free psychosocial support for all
persons concerned and their parents, and inform them that any decision on
unnecessary treatment can be put off until the person concerned are able to
decide for themselves;
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