CAT/C/MDG/CO/1
prisons and, in particular, the failure to separate different categories of inmates,
malnutrition, the lack of medical care which has led to the death of some inmates, and the
inhuman conditions in punishment cells. The Committee also remains concerned about
prison overcrowding; although the Constitution states that pretrial detention is an
exceptional measure, more than half of the people held in prison have not yet been brought
to trial. The Committee is particularly concerned about reports of the humiliating treatment
of prisoners, of rape and of instances in which food is provided in exchange for the
performance of sexual acts (arts. 2, 11, 12, 13, 14 and 16).
The State party should:
(a)
Ensure that prison conditions are in line with the Standard Minimum
Rules for the Treatment of Prisoners, including in the cramped punishment cells, so
that the conditions of solitary confinement in such cells are in compliance with
international standards;
(b)
Separate the categories of detainees, ensuring that remand prisoners are
separated from convicts and that minors are separated from adults;
(c)
Take into consideration the particular problems faced by women prisoners and
the need to address those problems in accordance with the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules), adopted by the General Assembly on 21 December
2010;
(d)
Ensure that detainees have access to decent food and medical care;
(e)
Expedite the cases of persons held in pretrial detention, if necessary by
calling the responsible officials to account;
(f)
Use non-custodial penalties to reduce overcrowding in accordance with
the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules), adopted by the General Assembly on 14 December 1990;
(g)
Investigate allegations of the humiliating treatment of prisoners, rape
and other sexually motivated acts of violence and take steps, as a matter of urgency, to
punish the perpetrators of such acts. The Committee reminds the State party that it is
under an obligation to conduct an investigation ex officio, without a victim’s prior
complaint, whenever there are reasonable grounds for believing that an act of torture
has been committed;
(h)
Set up a system for monitoring places of detention on a regular basis
with a view to improving conditions in those facilities. The State party should provide
funding for the Prison Oversight Commission and cooperate more closely with NGOs
by providing them with free access to places of detention so that such facilities can be
independently monitored.
Traditional justice (Dina)
11.
The Committee is particularly concerned about the population’s systematic recourse
to the traditional justice system (Dina),1 which is apparently attributable to a lack of
confidence in the formal system of justice. In addition to decisions in civil cases, the use of
1
4
A traditional parajudicial system designed to maintain social cohesion by settling civil disputes at the
community level.
GE.11-47941