CAT/C/GTM/CO/5-6 (c) Urges the State party to ensure that any cases where public servants or private security staff infringe or violate human rights are investigated promptly, independently and effectively; that the perpetrators are tried and punished in accordance with the seriousness of their acts; and that the victims receive appropriate redress, including the means for their physical and psychological rehabilitation. Pretrial detention 17. The Committee remains concerned about the large number of detainees — allegedly 51 per cent of all persons deprived of their liberty — held in pretrial detention, which contributes to prison overcrowding. The Committee notes the information provided by the delegation during the dialogue which indicates that the issue of pretrial detention and the use of alternatives to deprivation of liberty is now being addressed (arts. 2, 11 and 16). The Committee, recalling its previous recommendation (para. 20), urges the State party to ensure that the necessary steps are taken to limit the use of pretrial detention by adopting alternatives to custodial sentences, in line with the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules), General Assembly resolution 45/110 of 14 December 1990, and to ensure that people subject to this regime are tried quickly and impartially. Detention conditions 18. The Committee is concerned about the poor conditions in detention centres, including centres for women, and, in particular, about the high levels of overcrowding, which reportedly exceed 200 per cent. It is also concerned about reports that recount incidents of inter-prisoner violence and indicate that numerous detention centres are controlled by organized groups of prisoners that, with the acquiescence of the authorities, allegedly force other prisoners to pay them not to hurt them or to get them out of various tasks, a practice known as talacha, and that they beat anyone who cannot pay up, sometimes to death. In this connection, the Committee notes with concern the deaths of Messrs. Víctor Rojas and Efraín Pérez in 2012 after they were beaten for not paying the talacha. The Committee takes note of the information supplied by the delegation, which said that steps are being taken to improve detention conditions and find a comprehensive solution to the problem of overcrowding (arts. 2, 11 and 16). The Committee urges the State party to speed up and step up its efforts to reduce overcrowding, particularly through the use of alternatives to custodial sentences, in line with the Tokyo Rules. The Committee also recommends that conditions in prisons should comply with the Standard Minimum Rules for the Treatment of Prisoners, approved by the Economic and Social Council in resolution 663C (XXIV) of 31 July 1957 and resolution 2076 (LXII) of 13 May 1977, and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules, adopted by General Assembly resolution 65/229 of 21 December 2010). The Committee further recommends that the State party ensure its authority and responsibility for the humane treatment of prisoners in centres of detention and step up its efforts to eradicate the practice whereby organized groups of prisoners control these centres; ensure that all cases of prison violence, including torture and illtreatment, are investigated thoroughly and impartially, and that the perpetrators are brought to trial and, if found guilty, are punished in accordance with the seriousness of their acts; and ensure that detainees have access to an independent complaints mechanism. GE.13-44736 7

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