CAT/C/CUB/CO/2
(d)
Amend the current legislation governing migration (Act No. 1312 on
Migration and Act No. 1313 on the Status of Foreigners, both of 1976).
Detention conditions
10.
The Committee notes that the State party has study programmes for all educational
levels in detention facilities and that a programme of investment in the prison system has
been approved. It regrets, however, that precise figures on occupancy levels in detention
facilities have not been provided. The Committee is still extremely concerned about reports
that the prison population allegedly experiences overcrowding, malnutrition, lack of
hygiene, unhealthy conditions, and inadequate medical care. These reports also recount
unjustified restrictions on family visits, transfers to detention facilities located a long way
from detainees’ family and friends, solitary confinement in degrading conditions and
physical and verbal abuse of prisoners. For all these reasons, the Committee regrets the lack
of data, disaggregated by age and sex, on the number of complaints and grievances filed by
prisoners or members of their family and on the corresponding inquiries and their outcome
(arts. 11 and 16).
Taking into account the voluntary commitments assumed by the State party in the
universal periodic review in February 2009 (A/HRC/11/22, para. 130, (45)), the
Committee recommends that the State party should take all necessary steps to ensure
that conditions of detention in prisons and other detention facilities conform to the
Standard Minimum Rules for the Treatment of Prisoners (resolution 663 C [XXIV] of
31 July 1957, and resolution 2076 [LXII] of 13 May 1977, of the Economic and Social
Council) and the United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules), adopted by the
General Assembly in resolution 65/229 on 21 December 2010. In particular, the State
party should:
(a)
Continue its ongoing efforts to improve infrastructures and reduce
prison occupancy rates, principally by using alternative measures to deprivation of
liberty;
(b)
Improve the quality of food and the medical and health-care facilities
available to prisoners;
(c)
Ensure that all persons deprived of their liberty enjoy the right to
communicate with family members and a lawyer;
(d)
Ensure that any cruel, inhuman or degrading punishment, such as
solitary confinement in appalling conditions as a disciplinary measure, is absolutely
prohibited.
Prolonged pretrial detention, detention for offences against State security and releases
on extra-penitentiary leave
11.
The Committee notes the delegation’s clarification that the Cuban legal system does
not allow for the use of incommunicado detention. However, the Committee remains
concerned about NGO reports that recount situations of protracted pretrial detention and
indefinite detention, in application of article 107 of the Criminal Procedure Act, which
appear to affect persons deprived of their liberty especially for political reasons. The
Committee regrets the lack of information provided on the number and status of detainees
accused of offences against State security, pursuant to article 243 of the Criminal Procedure
Act. Lastly, the Committee is concerned about the ambiguous legal situation of prisoners
released on extra-penitentiary leave and about information received concerning arbitrary
restrictions on their personal freedom and freedom of movement. The Committee expresses
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