CAT/C/POL/CO/5-6
of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok
Rules); and
(b)
Take measures, including increasing prison capacity, to comply with the
European standard of a minimum of four square meters of living space for each
detainee.
20.
The Committee is concerned at the prevalence of violence among prison inmates,
which has not decreased in the last three years, and at the lack of protection afforded to
certain types of prisoners. The Committee is also concerned that N status inmates
(dangerous inmates) are often kept in worse conditions than others for long periods of time
and that their status is not regularly reviewed (arts. 2, 11 and 16).
The Committee recommends that the State party take all necessary measures to
ensure the safety and security of prison inmates by enforcing the classification of
inmates under article 82 (1) of the Criminal Enforcement Code. It also recommends
that the conditions of detention of N status inmates (dangerous inmates) are improved
and their status reviewed regularly in order to facilitate their rehabilitation.
Redress and compensation
21.
The Committee is concerned at the information provided by the State party
indicating that, between 2005 and 2010, there were no final rulings by the State Treasury to
remedy damages arising from the offence of abuse. It is also concerned that no data has
been provided about any compensation granted in 2011 and 2012 (art. 14).
The Committee urges the State party to take immediate legal and other measures to
ensure that victims of torture and ill-treatment obtain redress and have an
enforceable right to fair and adequate compensation, including the means for as full a
rehabilitation as possible. The Committee requests the State party to provide
information on the redress and compensation provided to victims of torture and illtreatment, especially since 2011.
Domestic violence
22.
The Committee welcomes the establishment in 2011 of the National Emergency
Service for Victims of Domestic Violence “Blue Line”, but regrets that it is not operational
24 hours a day. While noting the 2005 law on the prevention of domestic violence and
article 207 of the Penal Code concerning the offence of abuse of close family members, the
Committee is concerned that domestic violence is not a separate crime in the Penal Code
(arts. 2, 12, 13, 14 and 16).
The Committee recommends that the State party:
(a)
Define and introduce domestic violence and marital rape as specific
criminal offences in its Penal Code, with appropriate sanctions;
(b)
Ensure the effective implementation of the National Programme for the
Prevention of Domestic Violence 2006–2016 and regularly assess its results;
(c)
Establish an effective and independent complaints mechanism for
victims of domestic violence;
(d)
Ensure that all allegations of domestic violence, including sexual violence
and violence against children, are registered by the police and that all allegations of
domestic violence are promptly, impartially and effectively investigated and the
perpetrators prosecuted and punished; and
(e)
Ensure that victims of domestic violence benefit from protection,
including restraining orders, and have access to medical and legal services, including
counselling, safe and adequately funded shelters, and redress, including rehabilitation.
7