CAT/C/PRT/CO/7
Juveniles Deprived of their Liberty and rule 45, paragraph 2, of the Nelson Mandela
Rules).
Deaths in custody
27.
According to the scant official data available, between January 2017 and October
2019 there were 177 deaths of persons deprived of liberty, including 35 cases of suicide, in
penitentiary institutions. The Committee regrets that the State party did not submit
complete statistical information for the entire period under review, disaggregated by place
of detention, sex, age and ethnicity or nationality of the deceased, and cause of death (arts.
2, 11 and 16).
28.
The State party should:
(a)
Compile and provide to the Committee detailed information on the cases
of death in custody and the causes of those deaths;
(b)
Ensure that all instances of death in custody are promptly and
impartially investigated by an independent entity and, where appropriate, apply the
corresponding sanctions;
(c)
Review the effectiveness of strategies and programmes for the
prevention of suicide and self-harm. It should also assess and evaluate the existing
programmes for the prevention, detection and treatment of chronic, degenerative and
infectious diseases in prisons.
Electrical discharge weapons
29.
While commending the State party for banning the use of electric discharge weapons
(Tasers) in prisons, and welcoming assurances that only specially trained personnel bear
such weapons and every instance of their use is recorded, the Committee nonetheless
regrets the absence of information on incidents relating to the potential misuse of such
devices by law enforcement officials, and on the outcomes of any investigations into those
cases (arts. 2, 12, 13 and 16).
30.
The Committee reiterates the recommendation contained in its previous
concluding observations that the State party should monitor and supervise the use of
electric discharge weapons (CAT/C/PRT/CO/5-6, para. 15), and also recommends that
the State party ensure that such use is strictly compliant with the principles of
necessity, proportionality, advance warning (where feasible) and precaution. The
State party should also ensure that all alleged instances of excessive use of force
resulting from the misuse of electric discharge weapons are investigated promptly,
thoroughly and impartially.
Redress
31.
While noting the State party’s assertion that its legislation provides for redress for
victims of torture and ill-treatment, the Committee regrets that the delegation did not
provide specific information on redress, including compensation measures ordered by the
courts or other State bodies and actually provided to the victims of torture or their families
since the consideration of the previous periodic report. It also notes with concern that the
State party has presented no information on reparation programmes or on measures taken to
support and facilitate the work of non-governmental organizations that seek to provide
rehabilitation to victims of torture and ill-treatment (art. 14).
32.
The State party should ensure that all victims of torture and ill-treatment
obtain redress, including an enforceable right to fair and adequate compensation and
the means for as full a rehabilitation as possible. The Committee draws the attention
of the State party to general comment No. 3 (2012) on the implementation of article 14,
in which the Committee explains the content and scope of the obligations of States
parties to provide full redress to victims of torture. The State party should compile
and provide to the Committee information on redress and on compensation measures,
including means of rehabilitation, ordered by the courts or other State bodies and
actually provided to victims of torture or ill-treatment.
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