CAT/C/KHM/CO/2
requirements under the Constitution and the Code of Penal Procedure. To this
end, the State party should reconsider its use of imprisonment as the default
option for defendants awaiting trial and consider applying measures alternative
to such pretrial detention; that is supervised release prior to trial. It should also
comprehensively apply and further develop legal provisions permitting noncustodial measures.
Monitoring and inspection of places of detention
18.
The Committee takes note with interest of the information provided by the State
party that a number of responsible bodies have the rights and power to conduct regular
inspection of prisons. The Committee also notes the information provided by the State party
that “relevant” non-governmental organizations (NGOs) are allowed to visit prisons.
However, the Committee is concerned at the lack of information with regard to any
effective monitoring and inspection of all places of detention, including police stations,
prisons, as well as Social Affairs Centres, Drug Rehabilitation Centres and other places
where persons may be deprived of their liberty. In this respect, the Committee is
particularly concerned at the State party’s failure to provide information as to whether such
visits are unannounced or otherwise controlled, as well as information on any follow-up on
the results of these visits. (arts. 2, 11 and 16)
The Committee calls upon the State party to establish a national system to
effectively monitor and inspect all places of detention, including police stations,
prisons, Social Affairs Centres, Drug Rehabilitation Centres and other places
where persons may be deprived of their liberty, and to follow up to ensure
effective monitoring. This system should include regular and unannounced
visits by independent national and international monitors, including “relevant”
NGOs, in order to prevent torture and other cruel, inhuman or degrading
treatment or punishment.
Conditions of detention
19.
The Committee takes note of measures adopted by the State party to improve
conditions of detention, including through the Prison Reform Support Programme (PRSP),
the issuance of a Sub-decree regulating prisoners’ rations and cell equipment, the
development of draft Minimum Design Standards for Prison Construction together with
international partners and the construction of new prisons. However, the Committee
expresses its concern at the serious overcrowding in places where persons are deprived of
their liberty, representing a threat to the safety, physical and psychological integrity and
health of detainees. It is further concerned at reports of unhygienic conditions, inadequate
food and health care. The Committee notes with concern that the prison population is
growing steadily and is concerned at the lack of alternative non-custodial forms of
punishment. Furthermore, the Committee notes with serious concern reported cases of
deaths in custody and regrets the State party’s failure to provide information on this. The
Committee also expresses its serious concern at allegations, to which the State party did not
provide information, that the “prisoner self-management committees” are sometimes
responsible for violent abuse and ill-treatment of other prisoners in the course of
disciplinary actions, frequently ignored or condoned by the General Department of Prisons
(GDP). The Committee is further concerned that female and male detainees are at times
placed together and that male prison staff continues to guard female detainees, due to the
limited number of female prison staff. (arts. 1, 2, 4, 11 and 16)
The State party should intensify its efforts to effectively alleviate the
overcrowding in places where persons are deprived of their liberty, including
police stations and prisons, and to improve the conditions in such places,
7