A/67/44 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 particular concern about the situation of José Daniel Ferrer and Oscar Elías Biscet (arts. 2, 11 and 16). The State party should take all necessary measures to: (a) prolonged; Ensure, in law and in practice, that pretrial detention is not excessively (b) Amend the Criminal Procedure Act to prevent indefinite prolongation of the examination of the preliminary case file; (c) Ensure independent judicial supervision of custodial measures and prompt access to legal assistance; (d) Ensure respect for the personal liberties and freedom of movement of persons released on extra-penitentiary leave, including their right to return to Cuba. Preventive security measures (12) The Committee expresses concern about the provisions of Chapter XI of Book I (Dangerousness and security measures) of the Criminal Code and in particular the definition, based on subjective and extremely vague concepts, of “dangerousness”, which purports to refer to “an individual’s particular proclivity to commit offences, as demonstrated by conduct that is manifestly contrary to the norms of socialist morality” (art. 72). The Committee takes note of the delegation’s explanation that criminal penalties are not imposed on persons declared to be “dangerous”. However, the Committee notes that the 126 GE.12-44492

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