A/HRC/31/57/Add.4
(l)
Avoid weakening the safeguards granted to children, and abstain from
passing proposed constitutional amendments with regard to the age of criminal
responsibility and the maximum time of detention;
(m) Close current gaps in Law No. 13.060, define which weapons qualify as
non-lethal and elaborate on the interpretation of “legality”, “necessity” and
“proportionality��;
(n)
Establish effective means to monitor, and sanction, the use by law
enforcement and detention personnel of inappropriate force, such as heavy artillery,
and to sanction the stocking of such equipment;
(o)
Abolish, in law and practice, invasive body searches, pass the currently
pending bill (7764/14) and look to other countries for alternative measures;
(p)
Address the worst consequences of overcrowding and establish a specific
formal programme for medical attention in prisons, including special programmes to
prevent and treat prevalent diseases;
(q)
Reduce the high number of extrajudicial killings, including “resistance”
killings, and approve bill No. 4471, introduced in 2012, abolishing “resistance to arrest
followed by death” and similar mechanisms of impunity;
(r)
Ensure that violations committed by military agents against civilians are
tried by civilian criminal courts.
148. With regard to safeguards and prevention, the Special Rapporteur
recommends that the Government:
(a)
Ensure effective de facto implementation and enforcement of existing
safeguards and prevention measures;
(b)
Reduce overcrowding and address delays in the application of measures
such as early release in the later stages of the serving of prison sentences, especially
for good behaviour and earned benefits;
(c)
Ensure the allocation of adequate resources to comprehensive training of
police and prison personnel, particularly to deal respectfully with and protect
members of racial, sexual, gender and other minorities;
(d)
Provide appropriate working conditions, and adequate remuneration,
for police and prison personnel;
(e)
Take measures to eliminate discrimination against minority groups,
including based on race, sexual orientation and gender identity;
(f)
Ensure that all states follow the recommendation contained in the joint
resolution (1/2014) of the National Council on Criminal and Penitentiary Policies and
the National Lesbian, Gay, Bisexual and Transgender Council, to establish separate
cells for persons who are particularly exposed because of sexual orientation and
gender identity, and protect them against exclusion and isolation;
(g)
Implement functioning complaint mechanisms in all facilities to allow all
inmates to submit complaints regarding their treatment without fear of reprisal or a
worsening of their situation;
(h)
Ensure effective implementation of the national mechanism to prevent
and combat torture, guarantee the transparency of the National Committee for the
Prevention and Fight Against Torture and provide full physical, financial and political
independence of the national preventive mechanism, in accordance with guidelines on
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