A/66/44
delegation of the State party give sufficient information on how conflicts of jurisdiction
between the two systems will be resolved (arts. 2 and 16).
The State party must take the steps necessary to ensure that conflicts of jurisdiction
between the ordinary and indigenous justice systems are resolved through a
procedure laid down by law that guarantees respect for fundamental rights and
liberties, including the prohibition of torture and cruel, inhuman or degrading
treatment or punishment.
Training
(21) The Committee takes note of the information in the report of the State party (paras.
82 to 88) on training schemes for members of the national police but regrets that so little
information is available on the evaluation of those schemes and their effectiveness in
reducing the incidence of torture and ill-treatment. The State party indicates in its report
(para. 206) that the Permanent Commission for the Evaluation, Follow-up and Adjustment
of Human Rights Operating Plans, in cooperation with international non-governmental
organizations, carried out a project between February 2007 and 2008 on the implementation
of the Istanbul Protocol. According to information received by the Committee, this is a
project of the International Rehabilitation Council for Torture Victims (IRCT) designed and
run by the Foundation for the Integral Rehabilitation of Victims of Violence (PRIVA), with
European Union funds, which the Permanent Commission has backed (para. 10).
The State party should:
(a)
Continue to provide training programmes so as to ensure that all public
servants, in particular members of the police forces and other security workers, are
fully aware of the provisions of the Convention, that [breaches] are not tolerated but
investigated, and that the perpetrators are brought to trial;
(b)
Assess the effectiveness and impact of training schemes and education on
the incidence of torture and ill-treatment;
(c)
Continue to support training on the use of the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol).
Conditions in detention
(22) The Committee takes note of the information provided by the State party on the
marked reduction in the numbers of people behind bars and on steps taken to deal with the
problem of prison overcrowding, notably the introduction of a new inmate benefit
calculation system with the reform of the Sentencing Implementation Code. It notes the
reprieves granted in 2008 to 2,228 persons detained for being in possession of small
quantities of narcotic or psychotropic drugs, and of 13 detainees in the terminal phases of
illness. It also notes that since 2006 additional budgetary allocations have been made for
the construction, expansion and outfitting of penitentiaries and remand facilities. The
Committee is nevertheless concerned at the high levels of occupancy recorded at most
detention facilities, mainly as a result of the slow processing of court cases, and reiterates
its concern at persistent reports of poor health and hygiene conditions, a lack of staff,
inadequate health-care services and a shortage of drinking water and food (art. 11).
The State party should:
(a)
Make greater efforts to alleviate overcrowding in prisons, in particular
by resorting to alternatives to custodial sentences, in order to reach its stated objective
of resolving the problem of prison overcrowding within 18 months;
GE.11-45568
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents