A/66/44
Constitution and the Code of Penal Procedure. To this end, the State party should
reconsider its use of imprisonment as the default option for defendants awaiting trial
and consider applying measures alternative to such pretrial detention; that is,
supervised release prior to trial. It should also comprehensively apply and further
develop legal provisions permitting non-custodial measures.
Monitoring and inspection of places of detention
(18) The Committee takes note with interest of the information provided by the State
party that a number of responsible bodies have the rights and power to conduct regular
inspection of prisons. The Committee also notes the information provided by the State party
that “relevant” non-governmental organizations (NGOs) are allowed to visit prisons.
However, the Committee is concerned at the lack of information with regard to any
effective monitoring and inspection of all places of detention, including police stations,
prisons, as well as Social Affairs Centres, Drug Rehabilitation Centres and other places
where persons may be deprived of their liberty. In this respect, the Committee is
particularly concerned at the State party’s failure to provide information as to whether such
visits are unannounced or otherwise controlled, as well as information on any follow-up on
the results of these visits (arts. 2, 11 and 16).
The Committee calls upon the State party to establish a national system to effectively
monitor and inspect all places of detention, including police stations, prisons, Social
Affairs Centres, Drug Rehabilitation Centres and other places where persons may be
deprived of their liberty, and to follow up to ensure effective monitoring. This system
should include regular and unannounced visits by independent national and
international monitors, including “relevant” NGOs, in order to prevent torture and
other cruel, inhuman or degrading treatment or punishment.
Conditions of detention
(19) The Committee takes note of measures adopted by the State party to improve
conditions of detention, including through the Prison Reform Support Programme (PRSP),
the issuance of a Sub-decree regulating prisoners’ rations and cell equipment, the
development of draft Minimum Design Standards for Prison Construction together with
international partners and the construction of new prisons. However, the Committee
expresses its concern at the serious overcrowding in places where persons are deprived of
their liberty, representing a threat to the safety, physical and psychological integrity and
health of detainees. It is further concerned at reports of unhygienic conditions, inadequate
food and health care. The Committee notes with concern that the prison population is
growing steadily and is concerned at the lack of alternative non-custodial forms of
punishment. Furthermore, the Committee notes with serious concern reported cases of
deaths in custody and regrets the State party’s failure to provide information on this. The
Committee also expresses its serious concern at allegations, to which the State party did not
provide information, that the “prisoner self-management committees” are sometimes
responsible for violent abuse and ill-treatment of other prisoners in the course of
disciplinary actions, frequently ignored or condoned by the General Department of Prisons
(GDP). The Committee is further concerned that female and male detainees are at times
placed together and that male prison staff continue to guard female detainees, due to the
limited number of female prison staff (arts. 1, 2, 4, 11 and 16).
The State party should intensify its efforts to effectively alleviate the overcrowding in
places where persons are deprived of their liberty, including police stations and
prisons, and to improve the conditions in such places, including with respect to
hygiene and food supply. To this end, the Committee recommends that the State party
apply alternative measures to imprisonment and ensure sufficient budgetary
allocations to develop and renovate the infrastructure of prisons and other detention
GE.11-45568
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