E/CN.4/2006/6/Add.3
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were held in a separate, open-dormitory-type section. In the medical wing of this section there
was a room reserved for crafts and activities, which was also used by NGOs to provide
counselling. Prison No. 5 was relatively modern and clean and the conditions were good.
No allegations of ill-treatment were made.
50.
On 24 February, the Special Rapporteur visited Prison No. 7, located in the vicinity of the
Ministry of Internal Affairs. Fifty-four prisoners, both convicts and pretrial detainees, were held
on two floors, with eight cells downstairs and seven above. There were also three interrogation
rooms in the prison. The conditions in Prison No. 7 were relatively better than in Prison No. 1;
however, there was also a problem of serious overcrowding.
51.
The Special Rapporteur did not receive any allegations of ill-treatment of prisoners by
prison staff, and in many cases the prisoners expressed appreciation for the treatment from the
guards despite the conditions of the facilities. Notwithstanding constraints on resource
allocation, the Special Rapporteur is of the view that the conditions in the facilities are
exacerbated by structural problems in the criminal justice system. In particular, despite
provisions for alternative measures (e.g. articles 151-154 of CPC) the judiciary, severely
overloaded with cases as a result of judicial reforms and large-scale dismissals of judges, and
widely perceived to be acquiescent to procurators’ requests, resort almost exclusively to pretrial
detention of accused persons, irrespective of the gravity of the alleged offence.9 This contributes
to severe problems of overcrowding and strain on the already deteriorating infrastructure.
Even the language used (i.e. people are “sentenced to pretrial detention in prisons”) indicates that
there is no clear distinction between pretrial detention and imprisonment following conviction.
The Special Rapporteur considers that this extensive recourse to pretrial detention is contrary to
the principle of the presumption of innocence - provided in article 40 of the Constitution and
article 10 of CPC - and to the exceptional rule of deprivation of liberty laid down by
international law (article 9, paragraph 3, of the International Covenant on Civil and Political
Rights).
IV. ABKHAZIA
52.
On 20 February 2005, the Special Rapporteur visited the detention facility of the de facto
Ministry of Internal Affairs, where he met with the de facto Deputy Minister of Internal Affairs,
Mr. G. Leonid, the Sukhumi City Investigator, Mr. Glazinova, the director of the detention
facility, Mr. Vadim, as well as the deputy director. One cell contained pretrial and convicted
adult female prisoners who had been detained for between 1 month and 10 years, as well as
one prisoner who was sentenced to death. This cell was dark, dank, and poorly lit and ventilated.
A red-hot, exposed wire fixed to a concrete brick provided a source of heat. On the day of the
visit the cell was at its 12-person capacity; however, according to the detainees it was not
uncommon for 16-20 prisoners to be held there. There was adequate bedding and facilities for
personal hygiene. The detainees had no access to a radio or telephone, no possibility of sending
or receiving letters and, save for five minutes of exercise per day on the roof, they did not have
any other “leisure” activities. There were only male guards at the facility. A female nurse was
on call, and although a doctor visited regularly, he prescribed only pain-relievers. The detainees
complained that they did not have access to specialists, such as a gynaecologist. While there
were no serious allegations of ill-treatment, the situation of one female detainee was particularly
disturbing. This 50-year-old prisoner had been detained since 1994, sentenced to death in 1996,
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