CAT/OP/BOL/3
sanction, thus exacerbating their condition 31 and limiting their rights and their access to
recreational activities. The Subcommittee noted that prison staff lacked the knowledge and
skills needed to deal with disability issues and therefore wrongly resorted to isolation as a
“protective measure”.
121. The Subcommittee recommends that a campaign be carried out to train prison
staff and to promote the rights of persons with disabilities who are deprived of their
liberty.
122. The Subcommittee is also concerned that detainees’ files do not contain records of
official psychological evaluations, which limits the possibility of providing reasonable
accommodation or the specialized health services that may be required by prisoners with
disabilities.
123. Like other persons deprived of their liberty, the prisoners with disabilities who were
interviewed by the Subcommittee reported shortcomings in terms of access to and
enjoyment of their right to health, including in relation to mental health services. 32
124. The Subcommittee recommends the establishment of a national plan of action
to ensure adequate and free access to health care for persons with disabilities who are
deprived of their liberty.33
125. The Subcommittee recommends that, where appropriate, access should be
provided to a psychological/psychiatric examination free of charge. It also
recommends the full observance and implementation of the relevant Criminal Code
provisions (particularly articles 79 and 80) and procedural rules, viewed in the light of
the Nelson Mandela Rules, 34 by all members of the judiciary and the Public
Prosecution Service.
VII. Reprisals and repercussions of the visit
126. The Subcommittee is concerned with ensuring that, when carrying out its functions
under the Optional Protocol, the situation of persons with whom it comes into contact is not
prejudiced.
127. During the visit, the Subcommittee shared its grave concerns with the authorities
about the situations it had encountered in the Mocoví Men’s Prison. In the Subcommittee’s
presence, the inmate representatives entrusted with maintaining discipline in block D
threatened the prisoners with physical punishment if they continued to inform the
Subcommittee about their situation. The Subcommittee noted with serious concern that
there was a general sense of fear; a number of inmates refused to talk with the
Subcommittee, citing possible punishment. The occurrence of reprisals as a result of the
Subcommittee’s visit was corroborated during the follow-up visit conducted by
representatives of the country office of the Office of the United Nations High
Commissioner for Human Rights, who found that at least one person had been hospitalized
as a result of the physical punishment to which he had been subjected.
128. In letters dated 8 May, 21 June and 7 July 2017, the Subcommittee requested
detailed information about the measures that had been adopted. In each instance the State
party responded within the set time frame. However, in the Subcommittee’s opinion, the
measures adopted by the State party did not effectively ensure that an investigation would
be carried out, nor did they provide guarantees of non-repetition.
129. The Subcommittee recommends that the State party promptly, impartially and
effectively investigate alleged reprisals and acts of intimidation so that those
responsible are brought to justice and so that suitable redress is provided to victims.
31
32
33
34
GE.18-12272
Reglas Nelson Mandela, regla 45, párr. 2.
Ibíd., regla 109, párrs. 2 y 3.
Convención sobre los Derechos de las Personas con Discapacidad, art. 25.
Reglas Nelson Mandela, regla 109, párr. 1.
21
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