A/HRC/22/53/Add.1
on receiving or detecting cases of torture, but mostly on the legality of detention, the
availability of medical records, conditions of detention and whether or not detainees are
transferred to a pretrial detention facility (SIZO) in due course.
60.
The Special Rapporteur was unable to obtain information on the number of
complaints filed following visits to detention centres by prosecutorial bodies. There was
evidence of prosecutorial negligence in cases of torture and ill-treatment even when signs
of ill-treatment were visible.
61.
The Law on the Ombudsman allows the Ombudsman to order an investigation into
any complaints received. In four months in 2009 and throughout 2010, 1,543 appeals were
registered with the Ombudsman, including 14 complaints concerning torture allegations,
which were transmitted to the office of the Prosecutor General for enquiry. The Special
Rapporteur noted that, owing to its lack of capacity and resources, the office of the
Ombudsman was unable to ensure regular, effective and independent oversight of places of
detention.
62.
When requested to comment on the status of investigations into cases of death in
custody, the relevant authorities replied that cases were still under consideration, had been
referred to the Office of the Prosecutor General for reconsideration or were before the
Supreme Court. The status of these investigations and the steps taken by the Government to
reduce excessive delays in investigations into allegations remain unclear.
63.
Furthermore, whether any mechanisms are in place to ensure prompt, impartial and
full investigation into all complaints on torture and deaths in custody is unclear, as is
whether the results of investigations are made available to relatives of victims; indeed, the
Special Rapporteur was informed that only the verdict and sentence handed down were
communicated to the lawyer and the family in a letter. Furthermore, no information was
available on whether any compensation or other measures for reparation were provided to
victims or their relatives.
C.
1.
Conditions of detention
Temporary and pretrial detention facilities and colonies
64.
Responsibility for the penitentiary system, including pretrial detention facilities, has
been transferred from the Ministry of Interior to the Ministry of Justice. The responsibility
for the pretrial detention facilities of the State Committee for National Security, the Agency
against Corruption and the Agency for Drug Control still remain under their respective
jurisdictions.
65.
Despite several modifications in sentence enforcement conditions, including the
enlargement of windows in disciplinary units and punishment cells, execution of a sentence
still consists in putting convicted persons in standard, reinforced or strict regime penal
colony settlements, thus placing heavy restrictions on inmates’ contact with the outside
world.
66.
The Special Rapporteur noted that important steps had been taken in recent years by
the Ministry of Justice responsible for places of execution of punishment to improve
conditions in prison colonies and pretrial detention facilities, which is commendable given
the old infrastructures and the limited resources available.
67.
Even allowing for the fact that, in some of the temporary detention facilities visited,
the administration had taken steps to prepare the facilities in view of the visit of the Special
Rapporteur, such as repainting the walls, providing additional food and bedding supplies
and, in some cases, transferring inmates between facilities or removing inmates from
solitary confinement, the overall physical conditions and food supply found in all the
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