duty are available around the clock; ensure prompt referrals and ambulances for
specialist health care outside detention facilities;
(h)
Introduce health screening of inmates before admission to places of
detention and of the entire inmate population; take steps to provide adequate treatment
to persons infected with HIV/AIDS and hepatitis, as well to persons with psychosocial
disabilities; take vigorous steps to prevent the infection in prison of inmates who are
healthy on arrival; and give consideration to and examine the possible benefits and/or
adverse effects of the introduction of substitution and needle exchange programmes.
Monitoring places of detention and complaints procedure
24.
While noting that the Prison Advisory Board, the National Human Rights
Commission, the Ombudsman and some civil society organizations are able to visit places of
detention and the voluntary engagement of the State party to consider ratifying the Optional
Protocol to the Convention, the Committee is concerned that the State party has not
established a national system to independently monitor and inspect all places of detention,
including psychiatric institutions and social care homes, and the lack of an independent
mechanism to receive and investigate complaints (arts. 2, 11, 12, 13 and 16).
25.
The State party should:
(a)
Establish a national system that independently, effectively and regularly
monitors and inspects all places of detention, including psychiatric institutions and
social care homes, without prior notice; that is able to meet in private with detainees
and receive complaints; has institutional independence; reports publicly on its findings
and is able to raise with the authorities detention conditions or conduct in places of
detention amounting to torture or ill-treatment;
(b)
Ensure that complainants are protected against any ill-treatment,
intimidation or reprisals as a consequence of their complaint;
(c)
Ensure that all complaints of torture or ill-treatment are promptly
investigated in an impartial manner and that suspected perpetrators are immediately
suspended from duty during the investigation, duly tried, and, if found guilty, punished
in a manner that is commensurate with the gravity of their acts;
(d)
Ensure that the authorities conduct investigations on their own initiative,
whenever there are reasonable grounds to believe that an act of torture or ill-treatment
has been committed.
National Human Rights Commission
26.
While taking note of the ongoing legislative process to enact the National Human
Rights Commission Bill, the Committee is concerned that National Human Rights
Commission, which was established under the Protection of Human Rights Act 2009 does
not comply with the Principles Relating to the Status of National Institutions for the
Promotion and Protection of Human Rights (the Paris Principles) (art. 2).
27.
The State party should strengthen the National Human Rights Commission by
ensuring adequate financial and staffing resources to enable it to carry out its mandate
effectively and independently, in compliance with the Principles Relating to the Status
of National Institutions for the Promotion and Protection of Human Rights (the Paris
Principles), with pluralism of staff and their selection by a clear, transparent and
participatory process, and should encourage it to seek accreditation by the
Subcommittee on Accreditation of the International Coordinating Committee of
National Institutions for the Promotion and Protection of Human Rights. The State
party should also expedite the adoption of the “Seychelles Human Rights Bill”.
Non-refoulement and asylum
28.
While noting that the State party has acceded to the 1951 Convention Relating to the
Status of Refugees and to the 1967 Protocol Relating to the Status of Refugees, the
Committee is concerned that the State party does not have a national legislative asylum
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