A/HRC/34/54/Add.1
(c)
Ensure complete awareness and understanding by members of the legal
profession and by law enforcement personnel of the latest legislative developments
regarding torture, in particular Law No. 2015-033 (the anti-torture law) and Law
No. 2015-034 (establishing the National Preventive Mechanism against Torture), by
publishing and widely distributing the texts of laws, providing training opportunities
and distributing leaflets outlining their main safeguards and their relationship with
other pieces of legislation already in existence;
(d)
Recognize and implement the 2015 anti-torture law in such a way as to
ensure its primacy over older and more general legislation, according to the principles
of lex specialis derogat legi generali and lex posterior derogat legi priori, and, if
necessary, have that primacy determined authoritatively by Parliament or the courts;
(e)
Ensure the application of judicial procedural guarantees under the 2015
anti-torture law in all cases and to everyone deprived of liberty (whether for common
crimes or for State security and terrorism charges) and in particular with regard to
the right to access counsel from the moment of apprehension (see art. 4 of the antitorture law).
118. Regarding conditions of detention, the Special Rapporteur recommends that
the Government:
(a)
Ensure minimum standards of conditions of detention in accordance
with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules) and ensure that current practices and conditions do not give
rise to torture or cruel, inhuman or degrading treatment or punishment;
(b)
Adopt and implement measures to reduce significantly overcrowding,
including by:
(i)
Reviewing sentencing policies and providing for alternative, noncustodial penalties, in particular for lesser, non-violent offences;
(ii)
Introducing alternatives to incarceration (for example, bail and
electronic surveillance for pretrial defendants and early release for those
convicted);
(iii) Introducing possibilities for parole or conditional liberty before the end
of a sentence;
(iv)
Accelerating the judicial process for all offences;
(c)
Amend the Code of Criminal Procedure to abolish the continuation of a
completed imprisonment sentence while an appeal is pending or when the convict is
unable to pay the debt related to the conviction;
(d)
Design a system that aims at rehabilitating and reintegrating offenders,
including through the creation of work and schooling opportunities;
(e)
Ensure the separation of minors from adults, females from males, and
pretrial inmates from convicts;
(f)
Prioritize alternatives to detention for all juvenile offenders and, in
exceptional circumstances where detention is necessary, ensure their detention in
separate special rehabilitation facilities that meet their specific needs as children;
(g)
Allocate sufficient budgetary resources to provide adequate health care
by employing a sufficient number of qualified professionals and providing infirmaries
in detention centres with adequate equipment and medicines;
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