(17) While welcoming the amendment of the Prisons Act of 2004 providing for the release of prisoners on parole including terminally ill prisoners, the Committee remains concerned at the fact that the prison authorities make in practice little use of this remedy (art. 16). The State party should urge the competent prison authorities to use in practice all legal possibilities to release prisoners on parole by the Commissioner of Prisons on the recommendation of the Parole Board and to discharge from prison any terminally ill prisoner. (18) The Committee notes with concern that juveniles are often not held separately from adults, women from men, and pretrial detainees from convicted prisoners. The Committee is also concerned at the low legal age for criminal responsibility (eight years) (art. 16). The State party should take urgent measures to ensure that accused persons are detained separately from convicted ones and that children and women are detained separately from adults and men respectively in all circumstances. The State party should rise the age of criminal responsibility to a more internationally acceptable age. (19) The Committee expresses concern at the conditions of detention of convicted prisoners on death row, which may amount to cruel, inhuman or degrading treatment in particular due to overcrowding and the excessive length of time on death row (art. 16). The State party should consider taking measures to restrict the application of the death penalty and should adopt procedural reforms which include the possibility of measures of pardon. Furthermore, the State party should ensure that its legislation provides for the possibility of the commutation of a death sentence where there have been delays in its implementation. The State party should ensure that all persons on death row are afforded the protections provided by the Convention. Violence perpetrated by law enforcement officials (20) The Committee expresses its concern at information of law enforcement personnel inflicting torture and other cruel, inhuman or degrading treatment during criminal investigations in police station (arts. 1, 16). The State party should ensure that the allegations of the excessive use of force during criminal investigations are thoroughly investigated, if appropriate brought to trial and if found responsible adequately punished. Protection of children from cruel, inhuman or degrading treatment (21) While noting that the State party’s legislation prohibits corporal punishment in schools, the Committee remains concerned about the absence of legislation prohibiting such punishment in the family and in institutions other than schools and that corporal punishment is de facto widely practiced and accepted as a means of upbringing (art. 16). The State party should extend legislation prohibiting corporal punishment to the family and to institutions other than schools, ensure that legislation prohibiting corporal punishment is strictly enforced and undertake awareness-raising and educational campaigns to that effect. Violence against women (22) The Committee acknowledges the State party’s ongoing process of reviewing the Penal Code to prevent and punish gender-based violence as well as the National Action Plan on Gender Based Violence. However, the Committee notes with concern reports of widespread violence against women, particularly rape and violence in the family. The Committee is also concerned at the discrepancy between statutory and customary law as regards issues of gender-based violence (art. 16). 88

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