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

Select target paragraph3