A/HRC/13/39/Add.2
(c)
Under the new Ministry, create a new, well-trained and well-resourced
prison staff unit with a view to replacing the police officers currently serving as prison
guards. Understaffing of detention facilities results in a lack of security for the staff
members themselves and makes it difficult to fulfil their obligation to protect
detainees from inter-prisoner violence;
(d)
Limit recourse to pretrial detention, particularly for non-violent, minor
and less serious offences, and increase the application of non-custodial measures; and
(e)
Ensure that deprivation of liberty for juveniles is only used as a measure
of last resort and that the use of pretrial detention is minimized.
Conditions of detention
(f)
Ensure that persons deprived of their liberty are confined in
penitentiaries where the conditions comply with international minimum sanitary and
hygienic standards and that detainees are provided with basic necessities, such as
adequate floor space, bedding, food and health care. Provide detainees with work
opportunities, education, recreation and rehabilitation activities; the chronic
overcrowding should immediately be addressed;
(g)
Immediately close down the steel modules commonly known as Las
Latas in Libertad Penitentiary and Modules 2–4 of COMCAR;
(h)
Ensure the effective separation of remand and convicted prisoners;
(i)
Ensure that medical examinations are carried out by qualified medical
professionals as standard procedure when detainees are arrested, transferred and
released; and
(j)
Follow the pilot project of COMCAR prison so that the responsibility for
medical services lies with the Ministry of Health.
The fight against impunity and reparation for torture victims
(k)
Amend the Criminal Code to include the definition of torture as an
autonomous crime, in line with articles 1 and 4 of the Convention against Torture;
(l)
All allegations of torture and ill-treatment should be promptly and
thoroughly investigated ex officio by an independent authority with no connection to
the authority investigating or prosecuting the case;
(m) Ensure that the perpetrators of human rights violations committed
during the dictatorship are brought to justice, that justice is served within a
reasonable time, and that the memory of the victims, including those disappeared and
killed, is preserved; and
(n)
Victims of torture and ill-treatment should receive substantial
compensation and adequate medical treatment and rehabilitation.
Prevention of torture
(o)
Broaden the mandate of the Parliamentary Commissioner for the
Penitentiary System to include all places of detention and ensure that this mechanism
is integrated into the national human rights institution as the National Preventive
Mechanism; and
(p)
Sufficient budgetary and human resources should be allocated in order
to ensure that the sound legal basis of the National Preventive Mechanism translates
into its effective functioning in practice.
GE.09-17655
23
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