CAT/OP/MLI/1 authorities should establish a register of complaints received, recording the nature of the complaint, the establishment where it originated, the date of receipt, the date and nature of the decision made, and the subsequent action taken. These registers should be checked regularly by an independent body. Other concerns 33. During its visit to places of detention, the Subcommittee noted certain practices that raised serious concerns, especially the frequent use of police custody in civil debt cases. These are officially and improperly treated as fraud or misappropriation in the official registers, whereas in reality it is a matter of exerting pressure on debtors to pay their debts and the police or gendarmerie officers involved typically receive a share of the amount recovered by the creditor. This practice is a breach of article 123 of the Code of Criminal Procedure and the objectives of detention in custody as stated in legislation. In one gendarmerie station the Subcommittee even found an official register of debtors held in custody. Finally, the Subcommittee is also perturbed by the clearly disproportionate sentences imposed on some prisoners for certain recognized misdemeanours and offences – a 3-year prison term for the theft of a mobile phone, for example. 34. The Subcommittee recommends that the authorities ensure police and gendarmerie officers are duly notified of the illegality of the practice of imprisonment for civil debt and the sanctions potentially incurred. Furthermore, the strengthened monitoring of custody by the judicial authorities (see paragraph 27 above) should also take into account this practice, with the aim of its elimination. The Subcommittee recommends that the authorities review the Code of Criminal Procedure and the maximum sentences incurred for minor misdemeanours and offences. B. Access to health care 35. Access to health care in places of deprivation of liberty is guaranteed by Malian law, although no specific organization exists to meet health-care needs in custody or prison establishments. Health care is primarily dispensed through improvised local arrangements and relies on the goodwill of staff and financial support from the families of detainees. 36. In the police and gendarmerie stations visited, the Subcommittee noted an almost complete lack of registers for medical visits. According to the persons interviewed, no medical examination is provided to detainees at the commencement of their time in custody or on their entry into prison. With the exception of the Bollé women’s prison, no medical files are kept, which prevents the medical supervision of detainees. 37. Most of the prisons visited had no infirmary, medical clinic or medical personnel. In the few prisons that do have an infirmary, the obvious lack of resources makes it impossible to care for the sick properly. Indeed, the only medication given out is paracetamol, which is unsuitable for treating the most widespread needs (skin problems, infections, parasites, gastroenterological problems and neurological problems linked to vitamin deficiencies). None of the prisons provided special equipment for persons with disabilities. The only medical conditions actually treated in the prison system are malaria and tuberculosis, although treatment of the latter is often unsatisfactory. Other medical care, including inpatient care, is at the expense of the families of detainees. Only a few treatments are covered by the prisons’ utterly inadequate social budget (approximately US$ 2,000 per year for Bamako Central Prison) on the basis of rather unclear criteria. In view of the prison population and the lack of regular care, the number of temporary transfers for medical treatment is rather low. Indeed, the Subcommittee met numerous persons who were dying due to the lack of adequate medical care. GE.14-41827 9

Select target paragraph3