CAT/OP/CHE/CSPRO/1 C. Prisons 1. Institutions for the enforcement of sentences Living arrangements 71. Paragraph 89: Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), the Subcommittee invites the State party to reconsider its position that refusal to work should lead to disciplinary measures. 72. The Federal Council would first like to point out that the obligation to work is restricted by law to convicted prisoners serving a sentence or undergoing a measure involving deprivation of liberty (Criminal Code, arts. 81 and 90 (3)) and to persons serving a sentence or undergoing a measure in advance (Code of Criminal Procedure, art. 236). Persons in pretrial detention (Code of Criminal Procedure, art. 226), in detention pending extradition (Federal Act No. 351.1 on International Mutual Assistance in Criminal Matters, art. 47 et seq.) or in administrative detention (Federal Act No. 142.20 on Foreign Nationals and Integration, arts. 75, 76 and 78) are not required to work. 12 73. The general aim of a custodial sentence is to improve the prisoner’s social behaviour, particularly his or her ability to abide by the law (Criminal Code, art. 75 (1)). More specifically, the requirement to work helps to strengthen the prisoner’s ability to reintegrate into society, particularly into working life, after he or she is released. By working, prisoners can acquire specific knowledge that may be useful in a professional setting. The requirement to work also allows a programme of activities to be offered, imparts structure to daily life and ensures that the establishment runs smoothly.13 Pursuant to article 81 of the Criminal Code, the work must correspond, as far as possible, to the prisoner’s abilities, training and interests. A person is thus required to work only if work suited to his or her physical and intellectual capacities is available.14 Prisoners with a physical or mental disability may be offered a tailored occupational activity. 74. The purpose of work in detention is thus not to punish convicted persons but rather to facilitate their reintegration in a manner suited to their interests and abilities, in accordance with rules 96 and 97 of the Nelson Mandela Rules. There are various types of disciplinary measure, starting with warnings (Criminal Code, art. 91 (2)). In this context, and bearing in mind that competence in this area lies with the cantons (Criminal Code, art. 91 (3),15 and Constitution, art. 123 (2)), the Federal Council does not intend to incorporate a specific provision on this subject in the Criminal Code. Contact with the outside world 75. Paragraph 91: The Subcommittee would like to be informed of the measures taken to improve access to the telephone. 76. As far as telephone access at Pöschwies Prison is concerned, the 10-minute time limit, implemented according to a rota system, was established to ensure fair access to the sole telephone available in each residential unit (comprising 24 to 30 inmates). Under a new arrangement, the number of telephones will be increased to three per residential unit. As a result, inmates will have access to the telephone for longer periods of time. This project is expected to be completed by the first quarter of 2021. High-security wings 77. Paragraph 94: The Subcommittee recommends that the State party consider harmonizing the procedure for placement in solitary confinement, if possible through 12 13 14 15 12 Federal Supreme Court decision 123 I 221, para. II.3. Federal Supreme Court decision 139 I 180, para. 1.6 Federal Supreme Court decision 139 I 180, para. 1.6 Article 91 (3) of the Criminal Code provides that the cantons must enact disciplinary regulations governing the enforcement of sentences and measures. These regulations must define the constituent elements of disciplinary offences, the nature of the penalties, the criteria by which penalties are determined and the applicable procedure. GE.21-03864