CAT/OP/MKD/1
35.
The Subcommittee recommends that the State party ensure that the basic needs
of all detainees are met by management in all places of deprivation of liberty and that
clear and transparent rules are established on the provision of privileges, on a nondiscriminatory basis. It recommends that measures be taken to put an end to the illicit
trafficking of drugs and alcohol, including the adequate payment of prison staff, and
that all cases of corruption are promptly and effectively investigated, and the staff
involved are sanctioned.
D.
Remand detention
36.
The Subcommittee is seriously concerned about the situation of those held on
remand. In virtually all the facilities it visited, conditions on remand, amounted to inhuman
treatment, undermined the presumption of innocence and encouraged a confession culture.2
In Skopje prison, where some cells were overcrowded, the delegation observed no running
water; an unacceptably high level of humidity; crumbling walls; little light and ventilation;
dirty mattresses and bed linen; insect infestations; food stored in the open; limited access to
laundry facilities; lack of hygiene; makeshift showers assembled by detainees owing to the
limited shower facilities provided; and no dining area, obliging detainees to eat in their cells,
including some on their beds. Similar conditions were found in Bitola and Prilep prisons
and the size of the cells there (individual and double cells of 1.92m x 2m and triple cells of
3.1m x 1.9m), whether they housed one, two or three detainees, were such that they should
not be used for detention purposes at all. Evidencing a pattern noted in all places of
detention, most detainees had supplies of food and personal items brought in by their
families.
37.
The Subcommittee observed that remand prisoners often suffered a regime more
onerous and in significantly worse conditions than prisoners who had been sentenced. It is
concerned that such conditions of detention are compounded by apparently prolonged
periods of pretrial detention and a 23-hour regime (only one hour of outdoor activity),
contrary to the Law on Execution of Sanctions, 2006, which provides that prisoners should
be offered “at least two hours daily outside the closed premises”. In the Subcommittee’s
view, that is akin to solitary confinement and highly conducive to severe mental stress. In at
least one prison, basic hygiene, such as shaving, also had to take place during that one hour
spent out of the cells.
38.
The Subcommittee recommends that the State party:
(a)
Immediately take the remand cells in Bitola and Prilep, described above,
out of use and stop using the remand cells in Skopje to house detainees in their
current state;
(b)
Ensure that those held on remand are held in conditions of detention and
treated in a manner commensurate with their status as unconvicted detainees and in
line with the presumption of innocence;
(c)
Ensure that in all places of deprivation of liberty, detainees are provided
with their basic needs, including adequate food, water and toiletries;
(d)
Ensure that detainees are not obliged to take care of basic hygiene, such
as shaving, during their time outside their cells;
(e)
Cease to subject defendants to pretrial detention as a general practice,
and consider alternatives (see paras. 30–31 above).
39.
A further concern of the Subcommittee is the manner in which some remand
prisoners are transported to court. Some detainees complained that they were transported in
armoured vehicles and other inappropriate forms of transport, with their hands handcuffed
behind their backs, for unreasonable periods of time, often without reasonable
accommodation given to disabled detainees, amounting to inhuman and degrading
treatment.
2
The remand section in the new Kumanovo prison was better in terms of material conditions.
9