during which time
the
population
had risen
from 3 to 12 million.
Furthermore,
there had been deaths as a result
of epidemics
and malnutrition,
the latter
particularly
when there had been a shortage
oE rice for the whole population
oi the region.
An attempt had been made to improve the situation
by granting
provisional
release,
moving prisoners
to the countryside
where they could
engage in agricultural
work,
allowing
families
to provide
food for detainees
in addition
to that supplied
in prison
and appointing
prison
doctors
to combat
the riGk of epidemics.
Libertv
and security
of the vez&zR
544. In connection
with that issue,
members of the Committee wished to know
what the maximum period of pre-trial
detention
was in law and practice;
how
quickly
after
arrest
a person’s
family was informed
and how soon after
arrest
a person could contact
a lawyer : whether
there were any particular
legal
actions
that could be taken in cases of detention,
GUCh as &!&Bas corpusi
and
whether , in view of the long delays
in bringing
a person to trial,
measures
had been taken to reduce the number of those being held in detention
pending
trial
and increasing
the number of persons
released
on bail.
In addition,
it
was asked why the Government had not repealed
the ordinances
sanctioning
failure
to fulfil
a contractual
obligation
by imprisonment,
which was not in
conformity
with article
11 of tho Covenant.
Further
information
was also
requested
on the events of May 1990, which had led to the detention
of persons
who subsequently alleged that they had not had prompt access to their families
or
lawyers and had been subjected to maltreatment during their detention,
and
concerning the nature of non-military
national service and its relation
to the
economic and social development of the country.
545. In his reply, the representative
of the State party said that the maximum
length of pre-trial
detention,
in law, was six months. In practice,
however,
such detention was commonly as much as 18 3r 20 months due to the lack of
magistrates
and to other material problems.
The person’s family was informed
as rapidly as possible so that family members
could
bring food to the
detainees and the person could contact a lawyer immediately.
Usually,
the
family arranged for legal assistance, but in other 0388s the administration
ensured that the person had the services of a lawyer.
There were no special
legal remedies
in cases of detention,
such as -as
corpus, other than the
usual provisions
prohibiting
arbitrary
arrest.
Although bail was not a common
practice
in Madagascar, the provisional
release of detainees was practised
systematically
in view of the overcrowding in the prisons, as well as the
length of pre-trial
detention.
546. Responding to other questions, the representative
said that in May 1990,
some
10 armed persons had forced their way into the broadcasting centre and
held the personnel there hostage.
Emergency measures
had been taken following
their capture.
The persons concerned had had access to lawyers, although
discretion
had been maintained for a certain period in order to find the
persons’ accomplices.
Legal provisions
relating
to article
11 of the Covenant
were under review and would be repealed or amended as appropriate.
The
judiciary
itself
had also recognised that the ordinances in question were
irrelevant
and inconsistent
with the Covenant and the Constitution.
The
practice
of non-military
national service dated back to the time
of the
literacy
campaigns in the 1970s and 198Os, for which there had been
iJlSUfficieJlt
teachers.
The Government had therefore
decided to mobiliee young
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