CAT/C/PRT/CO/7
measures taken by the State party to reduce prison overcrowding, such as the planned
construction of two new prisons, as well as the efforts made to limit the use of pretrial
detention, the Committee notes with concern the high occupancy rates in some penitentiary
establishments. Furthermore, the shortage of prison staff, including health-care personnel,
despite efforts to augment their numbers, and the deficiencies in the mental health-care
services remain serious problems in the prison system (arts. 11 and 16).
22.
The State party should:
(a)
Continue its efforts to improve conditions of detention and seek to
eliminate overcrowding in penitentiary institutions and other detention facilities,
including through the application of non-custodial measures. In that connection, the
Committee draws the State party’s attention to the United Nations Standard
Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules);
(b)
Recruit and train a sufficient number of prison personnel to ensure the
adequate treatment of detainees;
(c)
Ensure the allocation of the necessary human and material resources for
the proper medical and health care of prisoners, in accordance with rules 24 to 35 of
the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules).
Juvenile justice
23.
While appreciating the measures taken by the State party to improve conditions of
detention in the national network of educational guardianship centres, including the
facilitation of contact between detained juveniles and their relatives, and by putting an end
to strip-searches, hair cutting and confiscation of personal clothes, the Committee remains
concerned at the absence of therapeutic units and specialized staff in these establishments.
In that regard, the Committee welcomes the assurances provided by the delegation that
public funding had already been budgeted for that purpose. The Committee is also
concerned at reports indicating that the strict separation of minors from adults in detention
facilities is not always guaranteed (arts. 11 and 16).
24.
The State party should:
(a)
centres;
Complete the establishment of therapeutic units in all juvenile detention
(b)
Take appropriate action to ensure the separation of adults and minors in
detention facilities.
Solitary confinement
25.
While taking note of the information provided by the State party’s delegation that an
internal recommendation was made that correctional services adhere to the 15-day limit on
solitary confinement set by the Nelson Mandela Rules, the Committee is concerned that
applicable regulations still allow for solitary confinement of up to 21 consecutive days as a
disciplinary measure, or up to 30 days when it concerns several serious offences that have
taken place at the same time (arts. 105 and 113, paragraph 3, of Act No. 115/2009).
Moreover, solitary confinement continues to be applied to individuals under the age of 18
(arts. 11 and 16).
26.
Recalling its previous recommendation (CAT/C/PRT/CO/5-6, para. 12), the
Committee recommends that the State party:
(a)
Bring its legislation and practice regarding solitary confinement into line
with international standards, particularly rules 43 to 46 of the Nelson Mandela Rules;
(b)
Observe the prohibition on imposing solitary confinement and similar
measures on minors (see rule 67 of the United Nations Rules for the Protection of
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