A/69/44
supply and sanitation facilities, the shortage and poor quality of food and the prevalence of
infectious diseases (para. 140). The Committee regrets that it has not received the
information it requested on the incidence of inter-prisoner violence. The Committee is also
concerned at reports from non-governmental sources of prolonged pretrial detention beyond
the statutory limits prescribed by law and continued detention after the expiry of sentences
(arts. 11 and 16).
The State party should continue its efforts to improve prison conditions and to reduce
overcrowding. In particular, it should:
(a)
Take the necessary measures to ensure that the basic needs of persons
deprived of their liberty are met with regard to sanitation, medical care, food and
water, in accordance with the Standard Minimum Rules for the Treatment of
Prisoners;
(b)
Set up a system for monitoring places of detention on a regular basis
with a view to ensuring that conditions of detention in the country’s prisons are
compatible with the Convention and other international human rights standards;
(c)
Increase its efforts to reduce prison overcrowding, in particular by
instituting alternatives to custodial sentences in accordance with the United Nations
Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules);
(d)
Take steps to prevent inter-prisoner violence and investigate all such
incidents so that the suspected perpetrators may be brought to trial and victims may
be protected; and
(e)
Ensure, in law and in practice, that pretrial detention is not unduly
prolonged and that inmates are not detained beyond the expiry of their sentence.
Juvenile justice
(16) The Committee is concerned at reports that pretrial detention is frequently applied to
juveniles and that deprivation of liberty is not used as a measure of last resort for them.
Despite the existence of youth sections in two of the country’s main prisons, the Committee
remains concerned about the placement of juvenile offenders and adult detainees in the
same facilities, especially as it cannot be guaranteed that there will be no contact
whatsoever between them (arts. 11 and 16).
The State party should increase its efforts to improve the juvenile justice system in
accordance with the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (Beijing Rules). In particular, the State party should ensure that
detention pending trial is used for juveniles only as a measure of last resort and for
the shortest possible period of time. It should also ensure that sufficient facilities are
available so that all juveniles in conflict with the law are held separately from adults.
Conditions in psychiatric hospitals
(17) While taking into account the information provided during the dialogue about
mental health services in Mozambique, the Committee regrets that little information was
supplied concerning the conditions and legal safeguards for persons placed in involuntary
treatment in psychiatric facilities. In this regard, the Committee is concerned at the
delegation’s statement that involuntary admissions in psychiatric hospitals are not
statistically recorded (art. 16).
The Committee recommends that the State party take all necessary measures to
ensure that persons in involuntary treatment have access to complaint mechanisms.
58
GE.14-12596
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