A/HRC/43/49/Add.1
for drugs and medical treatment. The hospitalization of a detainee is possible only upon the
prescription of a doctor, although the Special Rapporteur was unable to confirm this.
91.
Although the authorities claimed that dental care was provided to detainees by the
military health facilities, the Special Rapporteur observed detainees with significant dental
problems needing care. There is no psychiatric treatment or hospitalization possible and
there is only one psychiatrist in the entire country.
92.
There are no reliable health statistics regarding the delivery of health services or
types of cases treated in the prison system.
D.
Persons in vulnerable situations
1.
Women
93.
The Constitution guarantees the right of women, children, young people and persons
with disabilities to be protected by the public authorities against all forms of abandonment,
exploitation and violence.
94.
The Comoros has made some significant steps towards better protecting women’s
rights with the ratification of the Convention on the Elimination of All Forms of
Discrimination against Women (1994) and the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women in Africa (2004). The National Policy on
Gender Equality and Equity of 2008 has subsequently been updated. A national strategy to
combat violence against women and minors has been adopted. The Gender Commissariat
stated that there was a network of 702 “femmes de la paix” who worked for prevention and
mediation in cases of physical and sexual violence. In 2017, this network set up two free
helplines that victims can use to report violence and seek legal and medical advice. The
Special Rapporteur welcomes these services, but he was alarmed to learn of the high rate of
spousal and post-divorce violence.11
95.
There are no dedicated detention facilities for women, but in the Moroni Prison
women are housed in a cell block (guarded by female guards) that is separated from male
detainees. There were three women in the prison at the time of the visit. They had some
outdoor space but the common cell was very damp. Family visits are permitted but, as
stated above, children are prohibited from entering the prison.
2.
Juveniles
96.
The Comoros has ratified the Convention on the Rights of the Child. In 2017, the
Government initiated the National Child Protection Policy and the National Youth Policy to
protect children from violence, trafficking, exploitation and abuse. However, limited
resources and reported corruption have compromised the effective enforcement of the
protection programmes. The Special Rapporteur is not even certain that a hotline set up for
children is operational. Of grave concern are reports that, in some cases, judges and police
had allegedly accepted bribes to return children to traffickers.
97.
In the criminal justice system, there are no dedicated institutions for minors. The
Government said it ensured that juveniles were separated from adults in detention facilities;
however, during the Special Rapporteur’s visit to Moroni Prison, he found three 15-yearold boys who had been sentenced to six months of imprisonment for eating during
Ramadan and who were being held in a common cell with adult detainees. Some detainees
said that a 12-year-old boy had been detained there for six months in the same cell, but he
was reportedly moved on the day the Special Rapporteur visited the facility. In the view of
the Special Rapporteur, holding juvenile offenders together with adult inmates in the same
unacceptable conditions of detention not only violates the prohibition of cruel, inhuman or
degrading treatment or punishment, but displays a level of discriminatory neglect that may
well amount to torture. Juvenile offenders are adjudicated by a special judge for minors but
there are no education programmes or recreation facilities whatsoever, thus rendering any
11
12
In 2017, 82 per cent of the violent acts registered by counselling and helpline services were
committed against women and girls (A/HRC/WG.632/COM/3, para. 26).