A/69/44
(b)
Review the provisions on alternative measures of detention in order to
remove the obstacles to their effective application;
(c)
Reduce the length and the number of pretrial detentions and ensure that
pretrial detainees receive a fair and prompt trial;
(d)
Increase the use of non-custodial measures and community service
orders, especially for minor offences, and sensitize the relevant judicial personnel to
the use of such measures, in accordance with the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules).
Juvenile justice
(25) The Committee is concerned that the number of children in detention has steadily
increased and that minors remain in detention for months before their cases are adjudicated.
Moreover, the Committee is concerned at reports indicating that children below the age of
criminal responsibility have allegedly been charged and convicted, and that children have
been detained with adults, especially in police cells or when their age could not be verified.
The Committee also notes with concern that the insufficient number of courts in rural areas
restricts juveniles’ access to justice (arts. 2, 11, 12 and 16).
The State party should:
(a)
Introduce and use non-custodial measures for minors who are in conflict
with the law and ensure that they are only detained as a last resort and for the
shortest possible time;
(b)
Make sure that minors who are deprived of their liberty are afforded full
legal safeguards and are held separately from adults in all prisons and detention cells
throughout the country, in the light of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines);
(c)
Ensure that children are not subjected to any kind of abuse on account
of their vulnerabilities.
Detention conditions
(26) While acknowledging the willingness to improve the situation in prisons through the
drafting of the Correctional Services Bill, the Committee is still deeply concerned at:
(a)
The deplorable material and infrastructural conditions of prisons for an
overcrowded prison population;
(b)
The appalling conditions of detention, such as lack of sufficient ventilation
and lighting, the absence of beds and bedding and the poor functioning of the toilets in
police and local courts cells, and lack of access to drinking water and adequate food;
(c)
The obstacles to medical care or treatment of prisoners in public hospitals;
(d)
The reported lack of separation between suspects, and remanded and
convicted prisoners;
(e)
Lack of an Earning Scheme for prisoners, as mandated by sections 19, 20 and
21 of the Prison Rules of 1961. As acknowledged in the State report, prisoners are
requested to “labour in government offices and private residences without any
compensation” (CAT/C/SLE/1, para. 70);
(f)
Ineffectiveness of internal complaints procedures and inspection mechanisms
(arts. 2, 11 and 16).
GE.14-12596
145
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