CAT/OP/CHE/CSPRO/1
84.
Paragraphs 99 and 100: The Subcommittee recommends the establishment, in every
prison, of a register of disciplinary measures, a register of the use of protective solitary
confinement and a register of inmate complaints indicating the follow-up given thereto.
85.
The Subcommittee further recommends the setting up of a system of statistical
analysis based on the existing digital registers, to allow for monitoring and systematic
analysis of the measures taken.
86.
Most cantons keep a register of disciplinary measures (see also the eighth periodic
report of Switzerland to the Committee against Torture (CAT/C/CHE/8, para. 121)).
Inmates subject to therapeutic measures (Criminal Code, art. 59)
87.
Paragraph 102: The Subcommittee is of the view that a person with a psychiatric
disorder who has been ordered to undergo inpatient treatment should be placed and cared for
in a suitable medical facility staffed by qualified personnel.
88.
Generally speaking, persons sentenced to inpatient therapeutic measures under article
59 of the Criminal Code are placed in specialized settings, that is, centres for the enforcement
of measures, forensic psychiatric clinics, specialized prison units, or specialized institutions
or residential facilities. In view of the lack of places, several plans to enlarge forensic clinics
and institutions able to accommodate persons subject to measures are under consideration,
including projects at the facilities in Rheinau in Zurich, Wil in St. Gallen, Königsfelden in
Aargau, Realta in Graubünden and Basel. There are plans to create additional places for
persons sentenced to undergo treatment in closed settings (under article 59 (3) of the Criminal
Code) at Cery in Vaud, at the Curabilis facility in Geneva and in Valais (as part of the “Vision
2030” project). Plans have also been made to create 39 places in minimum security settings
at Münsterlingen in Thurgau (19 places) and at the clinic in Wil, St. Gallen (20 places).
89.
Over 100 places are expected to be created by 2024 or 2025. Once these projects are
completed, Switzerland will have more than 400 places reserved exclusively for the needs of
persons with mental disorders.
90.
When persons subject to a particular measure under article 59 of the Criminal Code
are placed in the specialized unit of a closed institution (owing to a risk of their absconding
or reoffending), the Criminal Code expressly provides that the necessary therapeutic
treatment must be provided by qualified staff (Criminal Code, art. 59 (3)).
2.
Combined facilities for the enforcement of sentences and pretrial detention
Physical conditions
91.
Paragraph 106: The Subcommittee recommends that the State party ensure that:
• There is adequate ventilation in all cells
• All disciplinary cells are provided with running water, and inmates’ privacy is
protected by training the security cameras away from the toilet areas
92.
With regard to the physical conditions of detention in the Bern regional prison, the
authorities of the Canton of Bern state that new facilities will be constructed and renovations
will be carried out as part of a comprehensive strategy to be implemented over the next 15
years. The Canton intends to invest a total of SwF 580 million to modernize the infrastructure
of the prison system. The Bern regional prison will undergo maintenance and adaptation work,
reducing the number of prison places from 126 to 70. This work, the estimated cost of which
is around SwF 13 million, will be carried out in phase two. No major changes will be made
to the structure of the building until the maintenance work has been undertaken.
93.
Various alterations have been made to enhance air quality. For instance, the
ventilation system has been supplemented with a humidification system and all the
ventilation valves have been replaced in order to improve air circulation. In addition, the
situation is monitored by prison officials and is continually assessed to determine whether
short-term measures need to be taken.
14
GE.21-03864
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