CAT/C/MKD/CO/3
The State party should compile and provide to the Committee statistical data relevant
to the monitoring of the implementation of the Convention at the national level,
including the data requested on investigations, prosecutions and convictions in cases
of torture and ill-treatment, detention conditions and violence against women and
ethnic and religious minorities.
Inter-prisoner violence and prison conditions
10.
While appreciating the measures already taken to reform the penitentiary system, the
Committee is seriously concerned at the current conditions in penitentiaries, particularly in
Idrizovo and Skopje prisons, which hold 75 per cent of the country’s inmates and have been
described by the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment as deplorable (CPT/Inf (2012) 38). It is deeply
concerned by the European Committee’s reports that the illegitimate use of force was
frequent at Idrizovo Prison, and that a high rate of inter-prisoner violence was prevalent in
conditions described as being run on the basis of “collusion” between staff and convicted
inmates. The Committee is also concerned that, despite efforts to improve the facilities of
such places of detention, the European Committee found that insufficient action had been
taken to ensure that they are properly staffed or offer appropriate material conditions for
prisoners. The Committee is also concerned by reportedly high rates of overcrowding and
that the training of prison guards and personnel is inadequate. The Committee is further
concerned that the State party’s monitoring and documenting of such abuses is inadequate
(arts. 2 and 10–13).
The State party should:
(a)
Take immediate action to put an end to ill-treatment in prisons. The
State party should ensure that all staff in Idrizovo Prison using illegitimate force
against prisoners are subject to suspension, investigation, prosecution and penalties
commensurate with the gravity of their acts. Furthermore, the State party should
devise a national strategy to combat inter-prisoner violence in Idrizovo and Skopje
prisons. Part of this strategy should include investing more resources in recruiting
and training additional professional staff in the requirements of the Convention;
(b)
Improve material conditions in detention facilities in accordance with
relevant international norms and standards, including by renovating existing prisons
and speeding up the scheduled building of new prisons, and report to the Committee
on progress made in the implementation of the project to reconstruct prisons;
(c)
Enhance measures to reduce overcrowding by introducing alternative
measures such as those envisaged as part of the State party’s project on the probation
service and alternative sanctions, ensuring they are in accordance with the provisions
of the Convention and the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules);
(d)
Institute appropriate prevention strategies to monitor and document
incidents of inter-prisoner violence with a view to investigating all allegations of abuse
and holding those responsible accountable, whether inmates or guards.
Impunity for acts of torture and ill-treatment
11.
The Committee notes with concern that 242 complaints of excessive use of force and
violence by police officers were filed with the Ombudsman and the Sector for Internal
Control and Professional Standards between 2009 and 2013. The Committee notes with
regret that, despite the allegations from non-governmental organizations (NGOs) of
widespread corruption in prison and the reports of the Ombudsman (the National
Preventive Mechanism) and the European Committee for the Prevention of Torture and
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