A/66/44
Minimum Rules for the Treatment of Prisoners, as well as with other relevant
standards, in particular by:
(a)
Reducing prison overcrowding, including by considering non-custodial
forms of punishment and, in the case of juveniles, by ensuring that detention is only
used as a measure of last resort;
(b)
Improving the quality and quantity of food and water as well as the
health care provided to detainees and prisoners, including children, pregnant women
and HIV/AIDS and tuberculosis patients;
(c)
Improving the conditions of detention for minors and ensuring that they
are detained separately from adults, in accordance with international standards for
the administration of juvenile justice, and enabling incarcerated and detained
mothers to stay together with their dependent infants, if appropriate beyond the age
of 18 months;
(d)
Ensuring that sufficient adequate facilities are available for prisoners
and detainees with disabilities;
(e)
Strengthening the judicial supervision of conditions of detention.
Children in detention
(27) The Committee is concerned that, under articles 52, 53 and 56 of the revised
Criminal Code, criminal responsibility starts at the age of 9 years and offenders above the
age of 15 years are subject to the ordinary penalties applicable to adults and can be kept in
custody with adult criminals (arts. 2, 11 and 16).
The State party should raise the minimum age of criminal responsibility according to
international standards and classify persons above 15 and under 18 years of age as
“young persons” who are subject to the lighter penalties in articles 157–168 of the
Criminal Code and may not be kept in custody with adult criminals. It should ensure
that its juvenile justice system is in conformity with international standards such as
the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules).
Corporal punishment of children
(28) The Committee notes with concern that, while corporal punishment is prohibited in
schools, childcare institutions and as a penal or disciplinary sanction in the penal system, it
is not prohibited as a disciplinary measure in the home or alternative care settings for
purposes of “proper upbringing”, under article 576 of the revised Criminal Code (2005) and
article 258 of the revised Family Code (2000) (arts. 2, 10 and 16).
The State party should consider amending its revised Criminal Code and Family
Code, with a view to prohibiting corporal punishment in child-rearing in the home
and alternative care settings and raise public awareness on positive, participatory and
non-violent forms of discipline.
Deaths in custody
(29) The Committee expresses its concern about the markedly high number of deaths in
custody, while taking note of the State party’s explanation that such deaths are caused by
the health condition of detainees rather than by the conditions of detention (arts. 12 and 16).
The State party should promptly, thoroughly and impartially investigate all incidents
of death in custody and, in cases of death resulting from torture, ill-treatment or
wilful negligence, prosecute those responsible. It should also provide adequate health
care to all persons deprived of their liberty. The State party should provide the
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GE.11-45568
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