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 7

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