CAT/C/GIN/CO/1
liberty, all fundamental legal guarantees as understood in the Committee’s general
comment No. 2, namely:
(a)
The right to be informed of the reason for their arrest in a language they
understand;
(b)
The right to have access to an independent lawyer or legal assistance in
the event of insufficient resources;
(c)
choice;
The right to be examined by an independent doctor, preferably of their
(d)
The right to contact and to see a member of their family or the consular
authorities if the person in detention is a foreigner;
(e)
The right to appear before a competent, independent and impartial
court within 48 hours;
(f)
The right to an effective and prompt remedy as regards the legality of
the detention.
Conditions of detention
14.
The Committee takes note with concern of the information received concerning
conditions of detention, which indicate a prison overpopulation rate exceeding 400 per cent.
(About 1,396 persons are now held in the prison in Conakry, which has a capacity of 300.)
This situation is exacerbated by the many illegal temporary detentions, such as the case
described by the delegation during the dialogue concerning a temporary detention that
lasted for 14 years without the detainee ever being brought before a judge. Furthermore, the
Committee deplores the existence of insalubrious infrastructures, with very small living
quarters and detainees occasionally being confined in containers without any light, the
malnutrition and dehydration of detainees, the appalling sanitary conditions that have led to
numerous deaths, and the lack of access to qualified medical personnel. It likewise deplores
the fact that there is no separation of men, women and minors or of those awaiting trial and
those who have been convicted within detention facilities, particularly those outside the
capital, as the delegation acknowledged during the dialogue. Lastly, the Committee regrets
the absence of any training of prison staff, who are generally “volunteers” who provide
their services to prisoners and their families for a fee. It also notes with concern that visits
are contingent on payments by families of sums of money amounting to as much as
100,000 Guinean francs, with the recurring threat that detainees may be tortured in the
event that their families do not pay (arts. 2, 11, 12 and 16).
The State party should increase its efforts to improve the material conditions of
detention in accordance with the relevant provisions of the Standard Minimum Rules
for the Treatment of Prisoners, which are currently under review, by:
(a)
Reducing the high rate of prison overpopulation, particularly by making
greater use of non-custodial measures, in accordance with the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), adopted by
the General Assembly in resolution 45/110 of 14 December 1990;
(b)
Avoiding long periods of pretrial detention and ensuring that persons in
pretrial detention are provided with fair and speedy trials;
(c)
Ensuring that minors are separated from adults and women from men,
and that detainees are held separately from convicts;
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GE.14-05766