CAT/OP/ROU/1 increase the institutional capacity for social reintegration within the judiciary and the penitentiary systems. 36. Although alternatives to detention have recently been introduced, interviews with pretrial and convicted detainees and files on record show that the benefit of this change in legislation and policy has yet to affect the majority of persons who come into contact with the law. In particular, the delegation observed with grave concern that pretrial detention does not seem to always be a measure of last resort, including for those below the age of 18. 37. The Subcommittee welcomes the fact that the problems related to overcrowding and material conditions in detention facilities are recognized by the State party and have been identified as government priorities. In spite of some progress that has recently been achieved, the delegation observed that overcrowding remains a serious problem in most places visited and will remain difficult to tackle without a drastic move away from the culture of institutionalization and towards the creation of alternatives to institutionalization in the criminal justice, social security and health-care systems. 38. The Subcommittee notes that detention should always be a measure of last resort for all persons, especially for those below the age of 18.10 It urges the State party to more readily use alternatives to detention, such as probation, bail, mediation, community service and suspended sentences. Persons accused of a crime should not be detained unless the crime is serious, there is a danger of the accused absconding or not appearing at trial or the protection of the public or potential interference with witnesses or evidence dictate otherwise. The State party should also ensure that clear criteria for institutionalization in the criminal justice, social security and health-care systems are set, that people being institutionalized are screened effectively to determine whether the criteria for institutionalization are satisfied, and that alternatives to deprivation of liberty are available more readily and efficiently. The State party should also pursue its efforts to improve the social reintegration of inmates with a view to reducing the recidivism rate and the prison population. 39. The Subcommittee notes that, pursuant to the legislation,11 conditional release may be ordered if a convict has served at least two thirds of the sentence, if the sentence is less than 10 years, or three quarters of the sentence, if the sentence is 10 to 20 years. Conditional release may be ordered earlier, depending on the age of the detainee and the part of the sentence term considered as served due to the work performed in detention. The delegation, however, heard many complaints about denials and postponements of parole applications, even for first-time offenders sentenced to rather light penalties. Inmates interviewed often did not understand the reasons for postponing their requests, found it unjust and felt they had worked for years in vain, which creates a feeling of injustice leading to frustration. Many inmates interviewed also expressed their concern at discrimination against a large majority of detainees who are not provided with the possibility of engaging in work or training activities due to a lack of opportunities within the penitentiary system. 40. In order to alleviate overcrowding in prisons, the Subcommittee recommends that the State party systematically consider the possibility of release on parole when the statutory requirements are met. It should also re-examine the process by which the parole committee and the courts assess parole applications, to ensure the transparency and impartiality of the proceedings. All decisions to deny or postpone parole requests should be duly motivated and the information should be shared with the detainee for potential appeal. The State party should also consider amending its legislation on conditional release, to ensure that detainees who have not been able to work due to a lack of working opportunities are not discriminated against. 10 11 8 See International Covenant on Civil and Political Rights, art. 9, Committee on Human Rights, general comment No. 35 (2014) on liberty and security of person, Convention on the Rights of the Child, art. 37, and United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), rules 13 and 19. Penal Code, arts. 99–100, Criminal Procedure Code, arts. 587–588, and Law No. 254 of 2013, arts. 95–97.