CAT/OP/MKD/1
40.
The Subcommittee recommends that detainees should only be transported in
appropriate vehicles, in a humane way, with access to light, reasonable
accommodation for disabled persons and adequate heating or air conditioning, as
appropriate.
E.
Detention of sentenced persons
41.
The Subcommittee reiterates its concerns and recommendations set out above (paras.
14–15 above) on torture and ill-treatment in places of detention, including the limited or
lack of oversight mechanisms and procedures for detainees to make complaints. The same
lack of complaints procedures also relates to complaints of poor material conditions in
places of detention. While the delegation observed many complaint boxes in prisons, the
Subcommittee is concerned that there is a heavy reliance on prison guards for the
placement of the boxes, limited confidentiality when boxes are placed in cells or right in
front of guards’ offices, a lack of awareness among some detainees of the complaints
mechanism and doubts about the credibility of the process, given the apparent lack of
information received on the outcome of their complaints. It also became apparent in
speaking to detainees that some of the “complaints” were merely questions on issues
relating to their individual situation, to which they were unable to receive a response from
prison management.
42.
The Subcommittee recommends that the State party revise the current
complaints procedure, with a view to ensuring its confidentiality and effectiveness,
and ensure that all detainees are aware of the procedures for making complaints
without fear of reprisals. It reiterates its recommendations made above on torture and
ill-treatment in places of detention.
43.
While welcoming the closure of some solitary confinement cells, including in Shtip
prison, the good conditions of such cells in Struga prison and the fact that confinement in
those cells is limited to 10–15 days and recorded as such, the Subcommittee is concerned
that persons are kept in solitary confinement cells for breaching house rules, including
minor ones, often with no access to hot water and no heating. On at least one occasion, such
confinement was repeated within a short space of time. Detainees also indicated that they
were not aware of any procedure for contesting a decision on placement in solitary
confinement.
44.
The Subcommittee recommends that the State party ensure that material
conditions in all solitary confinement cells comply with international standards,
including adequate heating and access to hot water for detainees and if those
conditions are not met that they are be taken out of use. Solitary confinement should
be used only in exceptional cases as a last resort, for as short a time as possible and
subject to independent review, and only pursuant to authorization by a competent
authority. The State party should ensure that solitary confinement remains
exceptional and that detainees are never placed in solitary confinement for prolonged
periods of time (i.e. in excess of 15 consecutive days), including for consecutive
placements separated by a few days, and that they are afforded an opportunity to
contest the decision to place them in solitary confinement.
45.
The Subcommittee noted a more or less severe disparity within and between prisons
as to the quality of the premises/buildings and the material conditions. For example, it
observed the better material conditions in the women’s wing as opposed to that of the men
in Idrizovo prison and although new, the facility in Kumanovo was already showing signs
of wear and tear. The Subcommittee is concerned that most prisons visited had issues with
access to drinking water and water for showering (demonstrated by the presence of
significant numbers of plastic bottles of water in several prisons) and no proper heating. In
Skopje prison and in the newly built Kumanovo prison, plastic bottles were used to heat
water during the day to keep warm. The Subcommittee observed very limited access to
functioning showers in many prisons and some detainees had adapted their own shower
devices over toilets and sinks. Hygiene was also a concern in some prisons, such as Shtip,
where the practice of providing hygiene parcels had recently stopped.
10