CAT/OP/MKD/1 40. The Subcommittee recommends that detainees should only be transported in appropriate vehicles, in a humane way, with access to light, reasonable accommodation for disabled persons and adequate heating or air conditioning, as appropriate. E. Detention of sentenced persons 41. The Subcommittee reiterates its concerns and recommendations set out above (paras. 14–15 above) on torture and ill-treatment in places of detention, including the limited or lack of oversight mechanisms and procedures for detainees to make complaints. The same lack of complaints procedures also relates to complaints of poor material conditions in places of detention. While the delegation observed many complaint boxes in prisons, the Subcommittee is concerned that there is a heavy reliance on prison guards for the placement of the boxes, limited confidentiality when boxes are placed in cells or right in front of guards’ offices, a lack of awareness among some detainees of the complaints mechanism and doubts about the credibility of the process, given the apparent lack of information received on the outcome of their complaints. It also became apparent in speaking to detainees that some of the “complaints” were merely questions on issues relating to their individual situation, to which they were unable to receive a response from prison management. 42. The Subcommittee recommends that the State party revise the current complaints procedure, with a view to ensuring its confidentiality and effectiveness, and ensure that all detainees are aware of the procedures for making complaints without fear of reprisals. It reiterates its recommendations made above on torture and ill-treatment in places of detention. 43. While welcoming the closure of some solitary confinement cells, including in Shtip prison, the good conditions of such cells in Struga prison and the fact that confinement in those cells is limited to 10–15 days and recorded as such, the Subcommittee is concerned that persons are kept in solitary confinement cells for breaching house rules, including minor ones, often with no access to hot water and no heating. On at least one occasion, such confinement was repeated within a short space of time. Detainees also indicated that they were not aware of any procedure for contesting a decision on placement in solitary confinement. 44. The Subcommittee recommends that the State party ensure that material conditions in all solitary confinement cells comply with international standards, including adequate heating and access to hot water for detainees and if those conditions are not met that they are be taken out of use. Solitary confinement should be used only in exceptional cases as a last resort, for as short a time as possible and subject to independent review, and only pursuant to authorization by a competent authority. The State party should ensure that solitary confinement remains exceptional and that detainees are never placed in solitary confinement for prolonged periods of time (i.e. in excess of 15 consecutive days), including for consecutive placements separated by a few days, and that they are afforded an opportunity to contest the decision to place them in solitary confinement. 45. The Subcommittee noted a more or less severe disparity within and between prisons as to the quality of the premises/buildings and the material conditions. For example, it observed the better material conditions in the women’s wing as opposed to that of the men in Idrizovo prison and although new, the facility in Kumanovo was already showing signs of wear and tear. The Subcommittee is concerned that most prisons visited had issues with access to drinking water and water for showering (demonstrated by the presence of significant numbers of plastic bottles of water in several prisons) and no proper heating. In Skopje prison and in the newly built Kumanovo prison, plastic bottles were used to heat water during the day to keep warm. The Subcommittee observed very limited access to functioning showers in many prisons and some detainees had adapted their own shower devices over toilets and sinks. Hygiene was also a concern in some prisons, such as Shtip, where the practice of providing hygiene parcels had recently stopped. 10

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