CAT/C/BOL/CO/2
(b)
Establish effective mechanisms for the identification of asylum seekers,
stateless persons and other individuals in need of international protection and for
their referral to CONARE and other authorized institutions. The State party should
take particular care to ensure that people are not wrongfully turned back at the
border and that victims of trafficking and other persons in need of international
protection are identified, especially in the context of mixed migration flows.
Prison conditions
18.
The Committee is alarmed by the extent of overcrowding in the State party’s jails.
The delegation has indicated that the mean rate of overcrowding in the prison system is 193
per cent, with a total prison population of 14,272 inmates being held in facilities built to
house 4,864. While taking note of the fact that new facilities are being built and of
Presidential Decree No. 1445, which deals with pardons, of 22 December 2012, the
Committee is of the view that the impact of these measures will be minimal, given the sharp
increase in the prison population in recent years and the large percentage of the prison
population that is made up of people awaiting trial (83.3 per cent). The Committee regrets
that it has not received the additional information that it requested on progress in the
implementation of the National Human Rights Action Plan in this area. Nor has it received
the information requested from the State party about the riots and disturbances that
frequently occur in the country’s jails as prisoners protest about failures to pay the daily
food allowance, demand better medical care and a reduction in overcrowding, and protest
against decisions taken by prison administrators on such issues as the restriction of visiting
hours or the transfer of minors from rehabilitation centres. In addition, the Committee is
concerned by reports describing the power wielded by organized gangs of prisoners in some
correctional facilities, cases of abuse and extortion, and violent incidents among inmates. It
is also concerned by the fact that remand prisoners are not always held separately from
convicted prisoners and by the existence of mixed prison facilities in which female inmates
have become victims of sexual violence, as acknowledged by the delegation of the State
party (arts. 2, 11 and 16).
The Committee urges the State party to take the necessary steps to ensure that prison
conditions are in keeping with the Standard Minimum Rules for the Treatment of
Prisoners approved by the Economic and Social Council in its resolution 663 C
(XXIV) of 31 July 1957 and its resolution 2076 (LXII) of 13 May 1977 and, in
particular, to:
(a)
Redouble its efforts to relieve overcrowding in the prison system by
using non-custodial measures in accordance with the United Nations Standard
Minimum Rules for Non-custodial Measures (the Tokyo Rules), as adopted by the
General Assembly in its resolution 45/110 of 14 December 1990, and the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (the Bangkok Rules), as adopted by the General Assembly in its
resolution 65/229 of 21 December 2010;
(b)
Increase the level of resources allocated for inmates’ meals and for
medical and health care as a matter of urgency;
(c)
Proceed with the work being done to improve and expand prison
facilities in order to remodel those facilities that do not meet international standards;
(d)
Establish the full authority of the State in all correctional facilities;
(e)
Take steps to prevent inter-prisoner violence, including sexual violence,
and investigate all such incidents so that the suspected perpetrators may be brought to
trial and victims may be protected;
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