CAT/C/NAM/CO/2
protection of human rights (the Paris Principles), and that the recommendations
emerging from the Ombudsman’s Office are effectively implemented.
Pretrial detention
14.
The Committee welcomes the efforts made by the State party to reduce long periods
of pretrial detention, inter alia by setting up two special courts at the magistrate court level
in the district of Windhoek, and the magistrate’s project, through which a total of 52
aspirant magistrates and prosecutors were trained between 2008 and 2012. However, the
Committee remains concerned at reports of the excessively slow functioning of the
judiciary and of the continuation of unacceptably lengthy periods of pretrial detention,
which are harmful for detainees. The Committee is also concerned that juvenile offenders
are reportedly often held together with adults in pretrial detention.
15.
The State party should expedite the modernization and reform of the justice
system and take measures to reduce the duration of pretrial detention by considering
recruiting additional judges and using non-custodial penalties and alternatives to
detention, in accordance with the United Nations Standard Minimum Rules for Noncustodial Measures (the Tokyo Rules). The State party should ensure the availability
of sufficient youth facilities so that all juveniles in conflict with the law are held
separately in pretrial detention.
Conditions of detention
16.
While taking note of the State party’s plans to increase its detention capacity, the
Committee is concerned that the figures provided in the State party’s report show an
uneven distribution of the prison population among the correctional facilities in the country,
with overcrowding in some, while others are not fully occupied. The Committee is also
concerned at reports that some convicted detainees are held in police stations and kept
together with pretrial detainees. The Committee is deeply concerned at reports of the high
rate of HIV among prisoners, the reluctance to take measures to prevent HIV transmission,
and the lack of official data on the total number of infected prisoners and their access to
antiretroviral medicine. The Committee is further concerned at reports of understaffing and
a lack of food and access to medical services in correctional facilities, which particularly
affects inmates who are ill.
17.
The State party should strengthen its efforts to improve prison conditions and
ensure that they are in conformity with the United Nations Standard Minimum Rules
for the Treatment of Prisoners (the Nelson Mandela Rules), by:
(a)
Reducing the rate of overcrowding by increasing detention capacity and
efficiently redistributing inmates among all detention centres;
(b)
Separating pretrial detainees from convicted detainees;
(c)
Putting in place mechanisms and measures to effectively prevent and
control the further spread of HIV in correctional facilities, while respecting the
human rights of affected detainees;
(d)
Increasing the number of prison staff;
(e)
Improving the quality and quantity of food and water, as well as the
health care provided to detainees and prisoners, particularly with regard to detainees
with HIV.
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