CAT/OP/MNG/1
(d)
All interrogations take place in rooms officially designated and properly
equipped for that purpose.
D.
Isolation and disciplinary cells
39.
The Subcommittee has a number of concerns about the abuse of disciplinary
procedures in pretrial detention facilities and prisons. In some facilities, such as pretrial
detention facility No. 461, detainees may be held in an isolation cell for up to three days
while a decision on the disciplinary measure to be imposed is being taken. Given that the
isolation cells are de facto the same as the disciplinary cells, the result is that detainees may
be enduring disciplinary sanctions for longer than the maximum permitted period. In
addition, in disciplinary cells, food is only provided once a day and, because mattresses and
bedding are only provided at night, detainees have nothing to sit on during the day. There
also appears to be no effective means of appealing against the imposition of a disciplinary
sanction.
40.
The Subcommittee is concerned that disciplinary cell registers indicate that, in some
prisons, disciplinary solitary confinement had lasted for up to 45 days by consecutively
imposing three instances of the current 15-day maximum period. The new law of July 2017
appears to permit periods of up to 90 consecutive days, without effective appeal.
41.
The Subcommittee recommends that measures be put in place to allow
detainees to appeal against the imposition of disciplinary sanctions. Isolation cells
should only be used when strictly necessary, and time spent in isolation cells should
count towards the period of disciplinary sanction. Isolation and disciplinary cells
should be properly furnished, including with bedding during the day. Detainees in
isolation or disciplinary cells should have the same entitlement to food as other
detainees and be able to spend a minimum of one hour per day exercising in
appropriate open-air facilities.
42.
The Subcommittee recommends that the State party ensure that the maximum
period of placement in solitary confinement not exceed 15 consecutive days 17 and that
such periods must not be imposed consecutively or in rapid succession.
V. Police practice and procedure
A.
Fundamental safeguards during the initial stage of detention
43.
The Subcommittee recalls that the Committee against Torture noted that
fundamental preventive safeguards were not being enjoyed by all detainees from the outset
of their detention (CAT/C/MNG/CO/2, para. 12; and CCPR/C/MNG/CO/6, para. 24 (c)).
The Subcommittee observed that persons brought to police stations, especially in remote
areas at the soum (county) level, are rarely informed of their rights or told why they have
been taken there.
44.
Although arrested persons have the right of access to a lawyer, in practice that right
is rarely ensured. As a result, questioning routinely occurs without the presence of a lawyer,
even if a request for a lawyer has been made. The high number of detainees reported to
have waived that right is itself a cause for concern, from a preventive perspective. The
Subcommittee was also informed that, even when the detainee is legally represented, the
first meeting with the lawyer is often at the court hearing stage. Although legal aid is
theoretically available, the systems are ineffective at ensuring that those deprived of liberty
have prompt access to effective legal advice. Indeed, the Subcommittee is of the
understanding that there are no legal aid lawyers available in some soums.
45.
The Subcommittee notes that, in numerous cases, family members were not told by
the police that their relative had been arrested. The Subcommittee is concerned that it was
17
The Nelson Mandela Rules, rule 44.
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