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complain to an independent body, has not yet entered into force. The Committee further
notes the explanations given by the State party as to how the Complaints Commission
functions in closed centres, but remains concerned that foreigners often have difficulties in
filing complaints and that no decision on the merits is adopted when the complainant has
been expelled (arts. 12, 13 and 16).
The Committee invites the State party to take measures to implement the provisions
of the Principles Act aimed at establishing an effective, independent complaints
mechanism specifically devoted to monitoring and processing complaints in detention
centres. The State party should take the necessary measures to ensure that all
allegations of misconduct by detention centre and prison staff are duly examined and
thoroughly and impartially investigated.
Conditions of detention
15.
The Committee welcomes the measures taken by the State party to reduce prison
overcrowding, such as the adoption of a master plan that provides for the renovation and
expansion of existing prisons and the establishment of new prison facilities. However, the
Committee is concerned that some detention centres have an overcrowding rate of over 50
per cent, which breeds violence between prisoners and leads to the frequent use of force by
custodial staff. The Committee is also concerned about the poor sanitary conditions,
inadequate access to health care, the lack of medical personnel in several places of
detention and the failure to separate convicted prisoners from remand prisoners and adults
from minors. It regrets that poor working conditions have led prison staff to go on strike,
which has had a harmful impact on conditions of detention (arts. 11, 12, 13 and 16).
The Committee recommends that the State party:
(a)
Step up its efforts to alleviate overcrowding in prisons and other places
of detention by, in particular, making use of non-custodial measures as provided for
in the United Nations Standard Minimum Rules for Non-custodial Measures (the
Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
(b)
Continue to improve the infrastructure of prisons and other places of
detention and ensure that conditions of detention in the State party do not breed
violence among prisoners;
(c)
Separate the different categories of prisoners, ensuring that remand
prisoners are separated from convicts and that minors are separated from adults;
(d)
Take the necessary measures to improve working conditions for prison
staff and to ensure a level of service in prisons that will ensure that prisoners’
fundamental rights are respected, even in the event of a strike.
Full body searches
16.
The Committee is concerned about the amendments made to the Principles Act by
the Act of 1 July 2013, which authorizes routine full body searches when a detainee has
been in contact with the outside world. Although the Constitutional Court has ruled that the
application of these measures should be suspended, the Committee is still concerned that
they have not yet been repealed and could be implemented in the future (art. 11).
The Committee urges the State party to repeal the provisions of the Act of 1 July 2013
which authorize systematic body searches. The State party should ensure that body
searches are conducted only in exceptional cases and by the least intrusive means
possible, with full respect for the dignity of the person. The State party should take
steps to adopt precise and strict instructions to restrict the use of body searches.
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