CAT/OP/TGO/1
Prison activities
33.
Most prisoners are not permitted any form of organized physical or intellectual
activity, whether for relaxation, work, professional training or education. The activities that
do exist are held sporadically and the criteria for access to them vary from prison to prison.
According to the persons interviewed, prisoners must sometimes buy the right to participate
in activities. Artisanal and agricultural products produced in some of the prisons are sold to
other prisoners or to visitors. The Subcommittee is particularly concerned about the
situation of prisoners who are serving long sentences and who, instead of having privileged
access to activities because of their situation, are excluded for “security reasons”.
34.
The Subcommittee recommends that the State party offer prisoners a minimum
level of activities, in accordance with the United Nations Standard Minimum Rules for
the Treatment of Prisoners, including prisoners who are serving long sentences. The
State party must encourage prison labour with a view to training and rehabilitating
prisoners and must ensure that prisoners receive reasonable remuneration for their
work.
Prison regime
35.
Prisoners are mixed together indiscriminately in overpopulated cells and are subject
to the same regime, regardless of whether they have been accused, are on trial or have been
convicted.
36.
The prison authorities have handed over the command and control of the prison
regime and life inside the prison to the prisoners. The result is an arbitrary system that is
not beholden to any set of common rules and thus varies from prison to prison. It is possible
to buy and sell “privileges” such as the option of living in a less crowded cell, sleeping in
the best part of a cell, using a guard’s cell phone, or buying cigarettes, toilet paper and
hygiene products. Prices reported by prisoners vary from prison to prison, but the practice
is widespread and conducive to abuse and in some cases even corruption.
37.
The State party should urgently adopt regulations for all places of detention
that conform to the relevant international standards. The State party should also
eliminate all forms of corruption that might arise from these practices, punish the
perpetrators and inform all prisoners and their families of their rights.
Internal administration
38.
In all the places of detention visited, the internal administration of the prison was
entrusted to the prisoners themselves, following a well-established hierarchy of cell bosses
and a yard chief assisted by deputies. In some cases, prison guards do not even enter the
prison itself and leave its day-to-day management, including access to the cells, entirely to
the inmates. The cell bosses and yard chiefs of each prison thus enjoy considerable
privileges during their stay in prison.
39.
The Subcommittee found that the lack of supervision by prison authorities means
that the strongest or richest prisoners hold the power and wield it arbitrarily over the
weakest and poorest prisoners. This self-administration generally means that any
relationship between inmates and the prison authorities passes through, and is filtered by,
the cell bosses and yard chiefs, making it impossible for inmates to file complaints against
them. In addition, discipline and disciplinary sanctions are meted out by the prisoners,
which is a source of abuse, ill-treatment and corruption. Discipline should remain at all
times in the hands of the prison authorities, and should be carried out with the associated
safeguards, which include ensuring that it is administered transparently, that all
punishments are recorded and that inmates are able to challenge them.
40.
A certain amount of self-management can be beneficial for prisoners if it does not
take the place of the responsibilities of the prison administration in general and of the
prison warden in particular. However, a self-management system that is unsupervised by
the prison authorities is not acceptable.
41.
The Subcommittee recommends that no authority to impose disciplinary
measures must be granted to persons who are not members of the prison
GE.17-06858
7