A/68/44
The State party should strengthen its efforts to improve conditions of detention in
prisons in conformity with the standard minimum rules for treatment of prisoners,
by:
(a)
Reducing the high rate of overcrowding, in particular through the wider
application of non-custodial measures as an alternative to imprisonment, in light of
the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo
Rules) and United Nations Rules for the Treatment of Women Prisoners and NonCustodial Measures for Women Offenders (Bangkok Rules);
(b)
Providing adequate somatic and mental health care for all persons
deprived of their liberty;
(c)
Strictly monitoring the use of Type II handcuffs and the length of time
they are used, so as to comply with the State party’s obligations under the Convention,
and considering completely banning the use of devices to restrain persons in custody.
Solitary confinement
(14) The Committee remains deeply concerned that solitary confinement continues to be
used often extensively prolonged without a time limit, and that decision of isolation for
detainees is left to the discretion of the prison warden. The Committee regrets that the
prison doctor is directly involved in the periodic medical review of prisoners in solitary
confinement under the Act on Penal Detention Facilities and Treatment of Inmates and
Detainees and such practice might deteriorate doctor-patient relationship, which is a major
factor in safeguarding the health conditions of prisoners (arts. 2, 11 and 16).
Taking into account the provisions of the Convention and the United Nations
Standard Minimum Rules for the Treatment of Prisoners, the Committee urges the
State party to:
(a)
Revise its legislation in order to ensure that solitary confinement remains
as a measure of last resort, for as short a time as possible under strict supervision and
with a possibility of judicial review. The State party should establish clear and specific
criteria for the decision of isolation;
(b)
Establish a system of regular monitoring and review of the detainee’s
physical and mental condition by qualified medical personnel throughout the period
of solitary confinement, and release such medical records to the detainees and their
legal counsel;
(c)
Increase the level of psychological meaningful social contact for
detainees while in solitary confinement;
(d)
Evaluate and assess the existing practice of the use of solitary
confinement, and also provide specific and disaggregated information on the use and
conditions of solitary confinement.
Death penalty
(15) The Committee is deeply concerned about the conditions of detention of prisoners
on death row in the State party, in particular with respect to:
(a)
The unnecessary secrecy and uncertainty surrounding the execution of
prisoners sentenced to death. As referred to by the Special Rapporteur on extrajudicial,
summary or arbitrary executions, refusing to provide convicted persons and family
members advance notice of the date and time of execution is a clear human rights violation
(E/CN.4/2006/53/Add.3, para. 32);
126
GE.13-46043
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