A/HRC/31/57/Add.3
television. In addition to its justified use in the “safe cells” (see para. 85 below), closedcircuit television is placed in many other parts of facilities, including cells for women in
pretrial detention, depriving them of the little privacy that they might enjoy in a shared cell.
1.
Temporary and pretrial detention facilities
73.
Inmates may be held for a maximum of 72 hours in police temporary detention
isolators before a decision is made on whether to remand them to pretrial detention to or
release them; any charges must be brought within the first 48 hours of the arrest. The
Special Rapporteur did not hear of cases where these terms were not observed.
Nevertheless, he wishes to stress the general importance of limiting any unnecessary
pretrial detention. Temporary detention isolators are in fact also used for administrative
detention for misdemeanours. In this context, the Special Rapporteur welcomes the recent
reduction from 90 to 15 days of the maximum term for administrative detention. In addition
to the greater degree of fairness with regard to the deprivation of liberty with minimum due
process, he notes that this measure in all likelihood results in a more adequate use of
temporary detention isolators, including less overcrowding.
74.
While not finding fault with the size of cells and facilities, the Special Rapporteur
notes with great concern that the pretrial regime is unduly restrictive, including access to
and quality of “open” areas. He learned that persons in pretrial detention who ought to
enjoy the presumption of innocence actually spend 23 hours a day in their cells with up to
five other detainees.
75.
Persons in pretrial detention are allowed to exercise one hour per day in an area only
slightly larger than their cell, which is covered by a grid rather than of a ceiling. Their
social contact is strictly limited to those detainees with whom they share their cell; and
since outdoor exercise is offered to all detainees held in a given cell, none enjoys any time
to himself or herself.
76.
According to article 124 of the Imprisonment Code, persons in pretrial detention
may make up to three telephone calls per month, no longer than 15 minutes each, at their
own expense, subject to the permission of the investigator, prosecutor or the court. The
Special Rapporteur expresses concern at numerous testimonies from persons in pretrial
detention who in practice had no access to telephones or visits, sometimes for several
months. Contact with families is limited to receiving clothes and certain types of parcels.
They have no work opportunities, recreational activities or access to educational services
(with the exception of juveniles; see para. 100 below).
2.
Semi-open centres
77.
The Special Rapporteur learned that, when detained in a semi-open regime, most
inmates sleep in open dormitories and spend several hours a day away from their cell or
dormitory. In addition, they enjoy access to some very good libraries, with loan services
available.
78.
Telephones for use by inmates with calling cards have been installed everywhere
and in adequate numbers. Sealed complaint boxes are present in various places, and social
workers provide inmates with the possibility to write inquiries and address them to the
authorities concerned.
79.
The Special Rapporteur noted, however, that there is a need for additional work
opportunities, given that the only two options currently offered to inmates are work in the
prison services and classes in computer literacy.
80.
The Special Rapporteur welcomes the plans to design an open system for inmates
soon to be released, to ensure and promote complete rehabilitation and reintegration of
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