(c)
Adopt urgent measures to reduce overcrowding in prisons. The State party
should enact a law establishing the maximum duration of pre-trial detention, and consider
immediately releasing offenders or suspects imprisoned for the first time for petty offences,
particularly if they are under 18 years of age; such persons should not be imprisoned until
the problem of prison overcrowding has been solved;
(d)
Guarantee free medical care in prisons, ensure the right of prisoners to
adequate food in practice, and effectively separate men and women;
(e)
Immediately end the torture, ill-treatment and arbitrary detention
perpetrated under the responsibility of the traditional chiefs in the north. The Committee
notes the delegation’s assurance that proceedings have been brought in such cases and
urges the State party to step up its efforts in this direction. The peoples concerned should
be duly informed of their rights and of the limits on the authority and powers of these
traditional chiefs.
45.
The Committee further recommends that the State party should:
(a)
Adopt, as a matter of great urgency, and ensure the effective implementation
of a law establishing the right of all persons held in police custody, during the initial hours
of detention, of access to a lawyer of their choice and an independent doctor, and to inform
their relatives of their detention. The Committee remarks that any extension of detention
in custody ought to be approved by a judge;
(b)
Abandon the notion, in its draft code of criminal procedure, of extending the
period of police custody depending on the distance between the place of arrest and the
place of custody, and ensure observance of the time limits on custody in practice;
(c)
Ensure that detention in custody under the Act on states of emergency
conforms to international human rights standards and is not prolonged beyond what the
situation requires. The State party should abolish administrative and military custody as
options;
(d)
Systematically organize, as a matter of great urgency, the use of registers in
all places of detention;
(e)
Separate the police from the prison authorities, e.g. by transferring
responsibility for prison administration to the Ministry of Justice;
(f)
Clarify the concept of a “manifestly illegal order”, so that State employees, in
particular police officers, members of the armed forces, prison guards, magistrates and
lawyers, are clearly aware of the implications. Specific training on this point should be
offered;
(g)
Allow appeals by foreigners against decisions by the administrative court to
confirm deportation orders to stay execution.
26
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