CAT/OP/CHL/1 also subject to a more lenient prison regime. By contrast, other persons deprived of their liberty in the same institution are held in overcrowded places with little or no access to outdoor areas, bathrooms, water supplies, or recreation or work opportunities. 71. Furthermore, in some of the prisons that were visited, the Subcommittee noted that the worst conditions, the worst overcrowding and the most serious lack of activities and privileges were found in blocks housing persons being held in pretrial detention who are classified as first-time and low-level offenders. This situation places persons deprived of their liberty under additional pressure to choose summary or simplified proceedings that allow them to regain their freedom as soon as possible. It was noted that prisons are generally lacking in educational, training, recreational and other opportunities. As a result, sentences fail to serve their purpose, which is to bring about rehabilitation and social integration, and instead simply act as a form of punishment. 72. According to official figures, the prison population consists of around 45,000 persons who are either in pretrial detention, are standing trial or have been convicted (a rate of 248 per 100,000 people). In certain prisons, such as those of Valparaíso and south Santiago, the Subcommittee found particularly deplorable conditions, including a lack of sleeping space, garbage strewn about, rodents, infestations of bedbugs, and a total lack of hygiene, services, ventilation and basic infrastructure such as roofs, with the result that inmates had little or no protection from the cold or rain. 73. The Subcommittee visited the Special High Security Unit in Santiago. Although there was no overcrowding at this prison, the Subcommittee was concerned to note that inmates are often placed in long-term isolation. This situation is exacerbated by the absence of activities and workshops and the lack of access to sunlight. 74. The Subcommittee is concerned to note that stricter conditions with regard to visiting hours and access to recreational activities appear to prevail in wings in privately run prisons where persons who are standing trial are being held. In the privately run Valdivia prison, there is more serious overcrowding in one of the blocks than in the others. 75. The Subcommittee recommends that rules 58 and 105 of the Nelson Mandela Rules concerning the right to receive visits without discrimination and the right to have access to recreational and cultural activities should be fully implemented. 76. The Subcommittee recommends that the State party take measures, as a matter of urgency, to address overcrowding by making greater use of non-custodial sentences in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) and by reducing the use of pretrial detention. The Subcommittee also recommends that the State party take steps to reduce the current discrepancy between the number of persons deprived of their liberty in State-run and privately run prisons and consider establishing a national ceiling — at a similar level to the ceiling in place for privately run prisons — on the number of persons who can be held in State-run prisons. Until such time as this serious problem of prison overcrowding is resolved, and in view of the fact that these conditions may amount to ill-treatment, the State party should uphold victims’ right to claim remedies and adequate redress, as set out in article 2 (3) of the International Covenant on Civil and Political Rights and article 14 of the Convention against Torture. In this regard, the Subcommittee recommends that the State party consider, as a form of partial restitution for the harm suffered, paroling or reducing the sentences of persons subjected to inhuman conditions of detention. B. Infrastructure 77. The Subcommittee found that dire conditions exist in some prisons, such as the South Santiago Pretrial Detention Centre, in which 283 first-time detainees are held in a single section. The Subcommittee noted that the cells that it toured in south Santiago and Valparaíso do not meet appropriate standards of hygiene, infrastructure or services. Where sanitary facilities exist, they are inadequate, and the sewerage system is open and often floods, with the result that raw sewage flows through sleeping quarters, acting as a source 12 GE.17-07771

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