CAT/OP/BOL/3
114. The Subcommittee reiterates the recommendation contained in its report of
2010 concerning gender mainstreaming in the programmes and policies of the
Directorate-General of Prisons.
115. The Subcommittee recalls rule 58 of the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules) on alternatives to pretrial detention and sentencing alternatives
for women. The Subcommittee recommends that the State party:
(a)
Take into account the heightened vulnerability of women and the
principle of the best interests of the child and widely implement alternatives to
custodial sentences in accordance with the United Nations Standard Minimum Rules
for Non-custodial Measures (the Tokyo Rules) and the Bangkok Rules, including in
the case of offences under Act No. 1008;
(b)
women;
Improve records containing information on vulnerable groups, including
(c)
Accelerate its efforts to upgrade prison infrastructure and ensure that
health-care services aimed specifically at women and the accommodation of women’s
specific hygiene needs are in line with the Bangkok Rules (rules 5 to 13).
C.
Children and adolescents in conflict with the law
116. The Subcommittee welcomes the adoption of the new Children and Adolescents
Code (Act No. 548) in 2014, the creation of a specialized juvenile court system and the
establishment of social reintegration and counselling centres.
117. However, the Subcommittee is concerned that by the fact that deprivation of liberty
is not used only as a measure of last resort and that recourse to pretrial detention for
children and adolescents aged 14 to 18 years remains widespread. The Subcommittee is
also concerned that the State party has lowered the age of criminal responsibility from 16 to
14 years and the age of admission to military service from 18 to 17 years.
118. The Subcommittee recommends that deprivation of liberty should be applied to
adolescents only as a measure of last resort, for the shortest possible period of time,
and subject to regular review with a view to its discontinuation. The Subcommittee
also recommends that the State party:
(a)
Develop alternative non-custodial sentences, such as probation,
mediation, community service and suspended sentences, and apply them wherever
possible;
(b)
In the case of minors aged between 14 and 18 years, implement
alternative non-custodial measures as a matter of priority;
(c)
D.
Raise the age of admission to military service from 17 to 18 years.
Persons with disabilities
119. The Subcommittee is concerned at the situation of persons with intellectual and/or
psychosocial disabilities who are deprived of their liberty. The Subcommittee observed
cases of disability-based discrimination and a lack of reasonable accommodation, 29
particularly in adult prisons and juvenile centres. 30
120. The Subcommittee noted with great concern that detainees with intellectual and/or
psychosocial disabilities (including in the case of one teenager) were held indefinitely in
isolation and punishment cells even though they were not subject to any disciplinary
29
30
20
Convención sobre los Derechos de las Personas con Discapacidad, arts. 4 y 14, párr. 2.
Véase la sección V, subsección E, “Hospital psiquiátrico” supra, sobre personas con discapacidad en
esa institución.
GE.18-12272
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