A/HRC/16/52/Add.3
assaultive and indicative of the use of blunt force with a series of blows to the body. The
medical evidence strongly corroborated the allegations of the detainees, who suffered
broken limbs and other defensive-type injuries, some even requiring hospitalization. This
led the Special Rapporteur to conclude that severe pain was intentionally inflicted for the
purpose of punishment, amounting to torture.
45.
At the time of the visit, both an internal and a police investigation were in progress.
The Public Defender was also carrying out an investigation into the incident. The Special
Rapporteur hopes that the results of the investigation will lead to appropriate administrative
and, if applicable, criminal action against those responsible.
3.
Correctional centres
46.
The Special Rapporteur visited facilities that demonstrated a broad spectrum of
conditions, ranging from fairly poor to those that could be considered best practices. St.
Catherine and Tower Street Adult Correctional Centres, the two main prisons, are very old
constructions originally built for “storing” people but are not suitable for modern
correctional purposes, including rehabilitation and re-socialization. They were found to be
overcrowded, lacking in sanitary facilities and offering limited opportunities for education,
work and recreation. According to the testimonies of several detainees, opportunities for
work were only available for those who already knew the different trades offered. In
addition, as highlighted above (see paragraphs 39 to 45 above), basic services such as
electricity, the use of toilets and access to medical attention depended on the goodwill of
the warders. Detainees also reported that they could purchase marijuana and mobile phones
from the warders.
47.
Homosexuals detained at St. Catherine and Tower Street correctional centres were
held in the “vulnerable persons unit” as a protective measure. However, their separation led
to a loss of privileges of a punitive character, such as work and recreation, including the use
of the library and playing field. In the security section in the Tower Street centre, detainees
were locked up in dark, solitary cells without a toilet or water, and had nobody to call for
help.
48. The prisoners in death row in the Gibraltar 1 section in the St. Catherine centre were
held in isolation. They were allowed to go outside for one or two hours each day, but were
not able to see any other prisoners. The cells had no toilets and the detainees complained
about the presence of maggots and other insects in the cells.
49.
The conditions at the detention facilities for children and women were generally
better than those for adult males. Fort Augusta Adult and Juvenile Correctional Centre, the
female prison, had much better conditions. However, the Special Rapporteur expressed
concern at the fact that child detainees were not separated from the adults. The Diamond
Crest Juvenile Correctional Centre had the best conditions among all those visited, and
should serve as a best practice model for other correctional centres for both boys and girls.
D.
Children
50.
Children and juveniles in need of care and protection, uncontrollable juveniles and
those in conflict with the law are often held together without distinction. The lack of
separation makes it extremely difficult, if not impossible, to address the individual needs of
children, be it in terms of protection or rehabilitation. Additionally, there should not be one
single model for all children in detention with regard to levels of security, access to
education, recreation and family visits. Regarding uncontrollable children, the Special
Rapporteur was greatly concerned at the lack of a clear definition or criteria for the
identification of an uncontrollable child and the wide discretion afforded to the judiciary,
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