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.