CAT/OP/CHE/CSPRO/1 52. See the reply to the recommendation contained in paragraph 45 of the Subcommittee’s report. 53. The authorities of the Canton of Zurich report that detainees are informed of the reason for their detention during questioning after their arrest. They also receive a booklet, available in 31 languages, describing their rights and obligations and the subsequent procedure. If the detainee does not speak German, an interpreter is provided for all interviews with the police and the public prosecutor’s office. If the accused so wishes, immediate access to counsel will be provided before initial questioning. 54. The Law Clinic on the Rights of Vulnerable Persons of the University of Geneva has published a detailed brochure on the rights of persons on remand in Champ-Dollon prison.10 Law clinics comprised of university students and faculty members do pro bono legal work in the public interest, particularly in the area of social justice. 55. Paragraph 62: The Subcommittee reiterates its recommendation that all persons deprived of their liberty should be granted access to fundamental safeguards from the moment of deprivation of liberty. The State party should, moreover, ensure that information on the rights of persons deprived of their liberty is displayed at police stations in a position where it can be read easily and in the appropriate languages. 56. See the reply to the recommendation contained in paragraph 45 of the Subcommittee’s report. 57. The authorities of the Canton of Geneva state that stopping and questioning of suspects is regulated at the cantonal level by directive D4, issued by the Geneva public prosecutor’s office. It should be noted that this phase is intended to be as brief as possible and that the subsequent procedure is based on the evidence gathered. Thus, at present the Canton does not plan to provide persons with information on their rights at the time at which they are stopped and questioned. As for the format, it seems more appropriate to communicate this information in person during the interview. 58. Paragraph 67: The Subcommittee recommends that the State party transfer without delay pretrial detainees and prisoners serving sentences to institutions suitable for longerterm incarceration; it is imperative that police stations revert to their role as custody facilities for periods not exceeding 48 hours, as envisaged in the Code of Criminal Procedure. 59. The Vaud authorities point out that three of the Canton’s six pretrial detention facilities are overcrowded. These three sites have occupancy rates ranging from 120 to 170 per cent, while facilities for prisoners serving sentences are operating at full capacity. The Canton has taken all the necessary measures to address this problem and has made plans to create new prison infrastructure with about 400 extra places by 2030, thus allowing for the implementation of the Subcommittee’s recommendation. However, building a prison of this size takes time, owing to the process of securing loans and completing construction. While waiting for the new cells, the prison service has made extensive use of alternatives to detention. For example, the number of community service sentences carried out rose from 29 in 2017 to 249 in 2019. Moreover, the occupancy rate of police cells has declined sharply since June 2019. The average time spent in detention in cells fell from about 215 hours in 2019 to about 41 hours as at 2 July 2020. 3. Physical conditions 60. Paragraph 73: As previously stated, the Subcommittee recommends that the State party transfer without delay persons currently detained pending trial or serving sentences in police stations in Lausanne to suitable penitentiary institutions. 61. See the Vaud authorities’ reply to the recommendation contained in paragraph 67 of the Subcommittee’s report. 10 10 https://www.unige.ch/droit/lawclinic/files/3515/6827/7741/droits-personnes-detention-provisoire.pdf. GE.21-03864

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