CAT/OP/MLI/1
authorities should establish a register of complaints received, recording the nature of
the complaint, the establishment where it originated, the date of receipt, the date and
nature of the decision made, and the subsequent action taken. These registers should
be checked regularly by an independent body.
Other concerns
33.
During its visit to places of detention, the Subcommittee noted certain practices that
raised serious concerns, especially the frequent use of police custody in civil debt cases.
These are officially and improperly treated as fraud or misappropriation in the official
registers, whereas in reality it is a matter of exerting pressure on debtors to pay their debts
and the police or gendarmerie officers involved typically receive a share of the amount
recovered by the creditor. This practice is a breach of article 123 of the Code of Criminal
Procedure and the objectives of detention in custody as stated in legislation. In one
gendarmerie station the Subcommittee even found an official register of debtors held in
custody. Finally, the Subcommittee is also perturbed by the clearly disproportionate
sentences imposed on some prisoners for certain recognized misdemeanours and offences –
a 3-year prison term for the theft of a mobile phone, for example.
34.
The Subcommittee recommends that the authorities ensure police and
gendarmerie officers are duly notified of the illegality of the practice of imprisonment
for civil debt and the sanctions potentially incurred. Furthermore, the strengthened
monitoring of custody by the judicial authorities (see paragraph 27 above) should also
take into account this practice, with the aim of its elimination. The Subcommittee
recommends that the authorities review the Code of Criminal Procedure and the
maximum sentences incurred for minor misdemeanours and offences.
B.
Access to health care
35.
Access to health care in places of deprivation of liberty is guaranteed by Malian law,
although no specific organization exists to meet health-care needs in custody or prison
establishments. Health care is primarily dispensed through improvised local arrangements
and relies on the goodwill of staff and financial support from the families of detainees.
36.
In the police and gendarmerie stations visited, the Subcommittee noted an almost
complete lack of registers for medical visits. According to the persons interviewed, no
medical examination is provided to detainees at the commencement of their time in custody
or on their entry into prison. With the exception of the Bollé women’s prison, no medical
files are kept, which prevents the medical supervision of detainees.
37.
Most of the prisons visited had no infirmary, medical clinic or medical personnel. In
the few prisons that do have an infirmary, the obvious lack of resources makes it impossible
to care for the sick properly. Indeed, the only medication given out is paracetamol, which is
unsuitable for treating the most widespread needs (skin problems, infections, parasites,
gastroenterological problems and neurological problems linked to vitamin deficiencies).
None of the prisons provided special equipment for persons with disabilities. The only
medical conditions actually treated in the prison system are malaria and tuberculosis,
although treatment of the latter is often unsatisfactory. Other medical care, including
inpatient care, is at the expense of the families of detainees. Only a few treatments are
covered by the prisons’ utterly inadequate social budget (approximately US$ 2,000 per year
for Bamako Central Prison) on the basis of rather unclear criteria. In view of the prison
population and the lack of regular care, the number of temporary transfers for medical
treatment is rather low. Indeed, the Subcommittee met numerous persons who were dying
due to the lack of adequate medical care.
GE.14-41827
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