A/HRC/43/49/Add.1
cumulative effect of these shortcomings is clearly incompatible with human dignity and
amounts to cruel, inhuman and degrading treatment or punishment.
(ii)
Gendarmerie station in Anjouan
85.
At the gendarmerie station in Anjouan, the Special Rapporteur was able to make
only a partial assessment of the conditions, as he had to suspend his visit after confidential
interviews were interrupted. The Special Rapporteur had received information that, just
before his visit, up to nine detainees had been held in the same cell; however, at the time of
his visit, there were four detainees in a cell of 15 m2, with no artificial light and only
minimal natural light from a small opening above a brick wall. The authorities shoved food
– provided by the family, not the gendarmerie – through a hole. There was no running
water or sanitary installations. Detainees remained in the cell 24 hour per day, seven days
per week with no exercise or fresh air. Only once a day in the early morning were they
allowed to go to the toilet, wash and fill a plastic bottle with water. During the rest of the
day detainees had to urinate in plastic bottles and defecate in plastic bags. There was no
bedding; inmates slept on concrete benches to avoid the wet floor. No family visits were
permitted.
86.
In the view of the Special Rapporteur, the conditions of detention at this
gendarmerie station clearly amount to cruel, inhuman or degrading treatment. Moreover,
the practice of keeping inmates in cells located in gendarmerie or police stations beyond 48
hours, even if held under the authority of the pretrial judge, contravenes national law as
these cells are not designed for long-term custody.
(iii)
Solitary confinement
87.
In Moroni Prison, there were six cells for solitary confinement, each measuring
approximately 1.5 m2, which is in clear violation of the Nelson Mandela Rules and even the
Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or
Degrading Treatment or Punishment in Africa (Robben Island Guidelines). In these cells,
there was no artificial and virtually no natural light, no bedding, very limited ventilation,
and, according to the director of the prison, inmates were held there for disciplinary reasons
from between 24 hours and 10 days. However, during his visit, the Special Rapporteur
spoke to two political detainees (suspected of an attempted coup d’état) who had reportedly
been held for up to 55 days in prolonged solitary confinement in two of these cells, 24
hours a day, with only one toilet/hygiene outing of 15 minutes per day. The Special
Rapporteur also heard several other allegations of solitary confinement for up to eight days
in gendarmerie cells measuring 1 m2 or less (approximately 0.8 by 1.2 m). It must be
emphasized that, in the view of the Special Rapporteur, the practice of solitary confinement
for disciplinary or punitive purposes under the observed, grossly inadequate conditions
amounts not only to cruel, inhuman or degrading treatment or punishment, but also to
torture.
3.
Lack of access to medical care
88.
The Special Rapporteur met with officials from the Ministry of Health who openly
acknowledged the lack of adequate health care in detention. The Special Rapporteur notes
with serious concern that there are no routine medical examinations upon arrest or for new
arrivals in the prison system. Health professionals have no specific training in illnesses or
diseases that are common in prison populations. There are no regular medical check-ups of
detainees, and no regular screening programmes are implemented (for AIDS, tuberculosis,
hepatitis and so forth).
89.
A doctor (a general practitioner) from the national health system reportedly visits
detention facilities once a week, but there are no specific and registered procedures for
accessing medical care. The Special Rapporteur was informed that a doctor examined a
detainee only if requested, and many requests remained pending indefinitely. Reportedly, a
detainee can be treated by a private doctor, but this could not be confirmed. No special
screening or treatment programmes, such as breast cancer screening or vaccinations, are
implemented for particular categories of detainees, such as women and children.
90.
Medical rooms in the detention facilities are absolutely insufficient with no adequate
equipment or even minimum basic medication and sanitary conditions. There is no budget
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