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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