CAT/C/ARM/CO/4
equipment or lack of equipment and the shortage of medical staff in places of deprivation of
liberty, owing to financial constraints, and about the independence and impartiality of the
medical personnel employed in such facilities.
28.
While welcoming the relevant legislative measures taken by the State party (see
paras. 3 (e) and 4 (c) above) and noting that, according to the State party, both the draft
Criminal Procedure Code and the draft Penitentiary Code would stress more firmly the
principle of imprisonment as a last resort and would further liberalize the rules governing
life imprisonment and early and conditional release, the Committee is concerned at the very
low rate of conditional release and the lack of clear procedures for the early release of
prisoners, including on health grounds. The Committee is also concerned that, despite
positive improvements, the programmes of social rehabilitation and preparation for release
need further strengthening.
29.
The Committee also remains concerned at the reported instances of the denial of
access to the Police Monitoring Group, mandated to monitor police temporary detention
facilities and comprising human rights non-governmental organizations (NGOs), to police
establishments (arts. 2, 11 and 16).
30. The Committee reiterates its previous recommendation (see CAT/C/ARM/CO/3,
para. 19) and urges the State party to continue to take effective measures, with a view
to ensuring that the conditions of detention are in full compliance with the relevant
international human rights standards, including the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) and, in
particular, to:
(a)
Step up efforts aimed at improving living conditions in penitentiary
establishments and address, among other things, unequal living conditions; and
enhance the measures designed to prevent overcrowding in the future, particularly
through the wider application of non-custodial measures as an alternative to
imprisonment, in the light of the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules);
(b)
Improve access to and the quality of health care, including psychiatric
care, for prisoners in all places of deprivation of liberty, including for prisoners
serving life sentences, provide for adequate medical equipment, increase the number
of professional medical staff in all detention facilities and ensure their independence
and impartiality;
(c) Implement the legal and institutional framework on probation effectively;
adopt clear procedures for the early release of prisoners on health grounds, ensure the
proper examination of such requests by the relevant commission, provide for an
appeal against the negative decisions of commissions charged with the consideration
of requests for early release and release on parole and address their independence and
impartiality, inter alia, by ensuring that such commissions have more balanced
memberships; and develop and further strengthen existing programmes of social
rehabilitation and preparation for release to ensure the successful social reintegration
of prisoners upon release;
(d)
Ensure that the Police Monitoring Group has access to all police stations
and the ability to conduct unannounced visits.
Inter-prisoner violence and violence and degrading treatment against homosexual
prisoners and sex offenders
31.
The Committee is concerned at reports of the high incidence of inter-prisoner
violence in penitentiary institutions, including incidents of self-harm, and notes the lack of
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