CAT/C/TKM/CO/2
(f)
Have the legality of their detention challenged through an habeas corpus
procedure and to have their detention recorded in a register at the place of detention
and in a central register of persons deprived of their liberty, which their lawyers and
family members can access.
Conditions of detention in prisons
23.
The Committee is concerned about the use of solitary confinement and the reduced
regime for persons placed in solitary confinement, which has resulted in mental health
problems and suicides. Additionally, while noting the renovations of existing facilities and
the building of new ones during the period under review, the Committee remains deeply
concerned about reports that inadequate material and hygienic conditions in places of
deprivation of liberty, including continued severe overcrowding, inadequate bathing and
toilet facilities, lack of access to an adequate quantity and quality of food, natural and
artificial lighting, proper ventilation and health care, lack of outdoor activities and
unnecessary restrictions on family visits continued during the period under review. The
Committee is particularly concerned by reports that numerous prisoners may have died as a
result of conditions at Ovadan-Depe prison. The Committee is also concerned about reports
that prisoners with diseases such as active and multidrug-resistant tuberculosis continue to
be held together with healthy prisoners, which results in high infection, morbidity and
mortality rates among detainees. While noting the improvements made during the period
under review in specialized facilities, the Committee is concerned about reports that
prisoners with active tuberculosis are referred to the MR/K-15 hospital only when they are
close to death or by bribing the relevant officials. The Committee is also concerned that the
supervision of conditions of detention in detention facilities is not within the remit of
judicial bodies (arts. 2, 11-14 and 16).
24.
The Committee reiterates the recommendations contained in its previous
concluding observations (see CAT/C/TKM/CO/1, paras. 18-19) that the State party
should:
(a)
Ensure that solitary confinement remains an exceptional measure of
limited duration;
(b)
Intensify further its efforts to bring the conditions of detention in places
of deprivation of liberty into line with the United Nations Standard Minimum Rules
for the Treatment of Prisoners (the Nelson Mandela Rules);
(c)
Reduce further prison overcrowding in all places of detention, including
by renovating existing facilities and building new ones in accordance with
international standards and implementing amended legislation allowing for
alternatives to detention, in accordance with the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules);
(d)
Ensure that detainees are provided with adequate material and hygienic
conditions, including bathing and toilet facilities, an adequate quantity and quality of
food, adequate space for each prisoner, natural and artificial lighting, proper
ventilation, health care, outdoor activities and family visits;
(e)
Separate healthy prisoners from those suffering from active tuberculosis
in all detention facilities, implement the National Tuberculosis Prevention and
Control Programme and the short-course directly observed treatment programme
foreseen by it, and provide specialized medical care at the MR/K-15 hospital and at
other medical facilities to prisoners suffering from active and multidrug-resistant
tuberculosis and equip them with proper ventilation and Dezar devices;
8