CAT/OP/MKD/1 (g) Ensure that health professionals immediately report suspicions of torture and ill-treatment to the appropriate authorities so that an independent examination may be conducted in accordance with the Istanbul Protocol; (h) Establish prison hospitals, including the one that has apparently been envisaged since 2007 in Skopje prison; (i) Urgently address the treatment of drug users and detainees with mental health issues. B. Overcrowding 32. The Subcommittee welcomes the State party’s strategy to try and resolve overcrowding in prisons. In particular, it notes the probation strategy of 2013, including the Law on Probation of 2015 (developed with the assistance of the European Union and including 300 sets of electronic monitoring bracelets) and the new facilities completed or under construction in Skopje, Idrizovo, Bitola (to start in 2018), Tetovo (to be finished in 2018) and Kumanovo (finished). However, it observes that the application of the Law on Probation was postponed until 2016 and it would appear that it has not yet been implemented. The Subcommittee notes that further efforts will be necessary to resolve the serious problem of overcrowding, which continues to affect the majority of the prisons visited. In several prisons, some pretrial detainees were held in solitary confinement cells owing to the lack of regular cells, and many of those experienced a variety of significant problems because of overcrowding (see paras. 34–36 below), including the unavailability of appropriate cells. In addition, some prisons, including Idrizovo (units 7 and 8), had triple bunk beds placed precariously high with access difficulties to the third bunk. The delegation was informed of at least one detainee who had seriously injured himself falling from the third bunk. 33. The Subcommittee recommends that the State party only use detention as a measure of last resort. Pretrial detention must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime. 1 The Subcommittee urges the State party to pursue its probation strategy, including the application of the Law on Probation, and more readily use alternatives to detention, such as probation, bail, mediation, community service and suspended sentences. Pretrial detainees should not be held in solitary confinement cells (see paras. 34–36 below). In addition, the Subcommittee recommends that the State party make better use of the prison estate, where the delegation observed a poor distribution of detainees, including detainees held in poor conditions when other more appropriate/suitable cells were available. Triple bunk beds, as described above, should be taken out of use. C. Petty corruption 34. While welcoming the efforts made to counter corruption, through dismissing prison staff involved in trafficking drugs and mobile phones, the Subcommittee is concerned by reports that receipt of basic necessities (drinking water, food, and toiletries) and access to medical care is contingent upon payment of money to prison staff, including prison management. In virtually all places visited, the Subcommittee heard reports of privileges (such as home leave and family visits) and illicit goods (such as alcohol and drugs) received on the basis of inducements. The observation that most detainees depend on their families to provide basic necessities, including food, would appear to contribute to such practices. Several detainees indicated that between 300 and 400 euros a month could pay for a more comfortable existence in prison. That appeared to be confirmed by the disparity observed in the comfort level of cells in the same prison: some had their own fridges, heaters, televisions, cable television and other personal items. 1 8 See Human Rights Committee general comment No. 35 (2014) on liberty and security of person.

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