A/HRC/40/59/Add.2 79. During his visit to Unit 3 of Bouwer prison, which houses pregnant women and women with children, the Special Rapporteur received complaints that most of the children were ill due to a lack of heating, the poor quality of the food and the presence of rats. The unit lacked a paediatric or obstetric and gynaecological service, which impacted on the quality of health care. Furthermore, the children were allegedly exposed to practices that were not appropriate to their age, such as intrusive searches. The Special Rapporteur urges the authorities to provide adequate living conditions for these children, including recreational activities, sports, education and the possibility of contact with other members of the family. 80. The Special Rapporteur is further concerned by the absence of guidelines or protocols for the care of pregnant women deprived of their liberty. According to the information collected, detainees suffered obstetric abuse during pregnancy, during childbirth and postnatally by prison, administrative and health personnel. For instance, detainees reported delays at the point of entering the hospital, lack of access to information regarding the development of their pregnancy and obstruction of the contact with their newborns, which hindered their right to give birth in a dignified manner. B. Transgender persons 81. The Special Rapporteur is also concerned about reports of degrading searches of transgender persons in public or in police stations and their detention in humiliating conditions. In particular, provincial police stations do not provide appropriate facilities for the separate detention of transgender persons. Even during the visit to Bouwer prison in the Province of Córdoba, the Special Rapporteur’s team encountered a transgender woman who was isolated in a cell within the arrivals pavilion that was reserved for male detainees, where inmates moved about freely in front of her door, without the presence of a guard, and subjected her to verbal abuse and intimidation. C. Migrants 82. The Special Rapporteur is concerned by reports of discrimination by security forces against persons of African descent and migrants from other Latin American countries on the basis of racial profiling, including harassment, violent home intrusions and arbitrary arrests. D. Indigenous peoples 83. The Special Rapporteur regrets to report the deplorable living conditions suffered by indigenous peoples in various areas, the lack of adequate protection for their rights to their traditional lands, and their limited enjoyment of basic economic, social and cultural rights. He expresses serious concern at the violent methods allegedly used by police forces to crack down on indigenous protests, as well as at patterns of marginalization and discrimination against indigenous peoples in detention. X. Recommendations 84. Regarding the effective prevention of torture and ill-treatment, the Special Rapporteur recommends that the executive, legislative and judicial authorities: (a) Comprehensively reform the administration of the justice system with a view to moving away from the current focus on punitive retribution and towards the rehabilitation and reintegration of offenders; (b) In accordance with article 4 of the Convention against Torture, ensure that all acts of torture inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity (as defined in article 1 of the Convention), including any attempt to commit torture and any complicity or participation in torture, are criminalized; and ensure that such offences are punishable by appropriate penalties that take into account their grave nature; 15

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