CAT/C/HND/CO/1
page 7
The Committee recommends that the State party:
(a) Continue its efforts to alleviate overcrowding of penitentiary institutions,
including through the application of alternative measures to imprisonment and the
increase of budgetary allocations to develop and renovate the infrastructure of
prisons and other detention facilities;
(b) Take effective measures, including by allocation of budgetary resources, to
improve living conditions in all detention facilities;
(c) Ensure the separation in all places of detention of convicts from prisoners
on remand, men from women and children from adults;
(d) Monitor and document incidents of inter-prisoner violence with a view to
revealing root causes and designing appropriate prevention strategies, and provide
the Committee with data thereon, disaggregated by relevant indicators;
(e) Ensure the application of the Standard Minimum Rules for the Treatment
of Prisoners adopted by the United Nations.
Persons with mental impairment or illnesses deprived of their liberty
18. The Committee notes with concern that only two detention centres are equipped with
hospitals, which, however, do not have the capacity to tend to persons with mental impairment or
illnesses. It further regrets the absence of a effective system of referral to specialists, as well as a
policy to provide care in the civilian system (arts. 11 and 16).
The State party should enhance health services in places of detention to include
services for persons with mental impairment or illnesses deprived of their liberty. It
further recommends that the State party establish an effective and functioning system
for referrals to mainstream health-care institutions or professionals.
“Unlawful associations”
19. The Committee notes discussions in the State party on changing the provision on
“unlawful associations” in article 332 of the Criminal Code. It is however concerned that a
suspected member of an “unlawful association” can be arrested without an arrest warrant and
that his/her detention on remand is mandatory. It is further concerned at the repressive social
policy in combating “unlawful associations”, or “maras” or “pandillas”, which does not
adequately consider the root causes of the phenomenon and may criminalize children and young
people on the sole ground of their appearance (arts. 11 and 16).
The State party should revise article 332 of its Criminal Code and ensure that legal
safeguards are provided without discrimination to all persons under arrest or
detention. It further recommends that the State party undertake steps to monitor and
document the phenomenon of “unlawful associations” with a view to revealing root
causes and designing appropriate prevention strategies.