CAT/C/TLS/CO/1
discrepancies between the Convention’s definition and that incorporated into
domestic law create actual or potential loopholes for impunity (para. 9).
Allegations of torture and ill-treatment in prisons
22.
While taking note of the explanations provided by the delegation concerning the use
of “security cells” to accommodate incoming inmates, the Committee regrets that this
practice implies the application of a solitary confinement regime to all prisoners during
their first days of incarceration. The Committee regrets that the delegation did not provide
information regarding the Committee’s concern at reports that all new prisoners are
subjected not only to solitary confinement for several days, but also to regular beatings
and/or degrading treatment by prison staff as a form of initiation (arts. 2, 11 and 16).
23.
The State party should:
(a)
Undertake an independent investigation into allegations that new
prisoners are routinely beaten by prison staff within the first days of arrival at all of
the State party’s detention facilities and ensure that allegations of torture or illtreatment revealed by that investigation result in the prosecution and punishment of
perpetrators, as well as disciplinary sanctions where warranted;
(b)
Bring its legislation and practice into line with international standards,
particularly rules 43–46 of the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules), which state, inter alia, that
practices such as placement of a prisoner in a dark cell and corporal punishment shall
be prohibited in all circumstances; that solitary confinement should be used only in
exceptional cases as a last resort, for as short a time as possible and subject to
independent review, and only pursuant to authorization by a competent authority;
that solitary confinement shall not be imposed by virtue of a prisoner’s sentence; and
that the use of solitary confinement and similar measures in cases involving women
and children is prohibited;
(c)
Ensure that high-level officials communicate to all employees of the
prison service that the infliction of corporal punishment on prisoners amounts to
torture or ill-treatment, will not be tolerated and will result in disciplinary or criminal
penalties against perpetrators and superiors who order, instigate, or consent or
acquiesce to such practices.
Conditions of detention
24.
As acknowledged by the delegation, overcrowding is among the main problems
facing the prison system. The Committee appreciates the State party’s efforts to improve
conditions of detention, in particular the planned construction of a juvenile detention centre
and two prisons in Bacau and Manufahi municipalities and the installation of closed-circuit
television cameras to deter prison violence. While taking note of the arrangements for the
separation of categories of detained persons, the Committee remains concerned at reports
indicating that the strict separation of minors from adults, pretrial detainees from convicted
prisoners and women from men is not always guaranteed. The Committee further regrets
that, while the delegation indicated that the State party was endeavouring to construct a
separate detention centre for juveniles, it did not indicate that it was endeavouring to
construct a separate detention centre for women (arts. 11 and 16).
25.
The State party should:
(a)
Alleviate the overcrowding of penitentiary institutions and other
detention facilities, including through the application of non-custodial measures. In
that connection, the Committee draws the State party’s attention to the Nelson
Mandela Rules and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
(b)
prolonged;
Ensure, in law and in practice, that pretrial detention is not excessively
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