CAT/OP/MNG/1
barely permitted physical movement. In the pretrial detention unit in Tuv, detainees were
handcuffed in pairs during their out-of-cell time.
65.
This is compounded by the limited opportunities afforded to pretrial detainees for
receiving visitors (twice per week for approximately 20 minutes). The Subcommittee is also
concerned that, in pretrial detention facility No. 461, family visits are subject to the
prosecutor’s authorization and that detainees are not allowed to make telephone calls or
send letters.
66.
The Subcommittee recommends that all those held in pretrial detention should
be able to spend a minimum of one hour per day outside of their cells in outdoor areas
that allow for walking and exercising, should they wish to do so.
67.
The Subcommittee further recommends that visiting arrangements for pretrial
detainees be reviewed to ensure that visits are not subject to prosecutorial discretion,
are permitted to occur with sufficient frequency and take place in facilities that are
appropriate in terms of size and privacy.
Material conditions
68.
With the exception of some cells in pretrial detention facility No. 461, the
Subcommittee did not encounter any overcrowding, however, some facilities would have
been overcrowded if occupancy rates had matched the official capacities, such as in the
pretrial facility in Tuv. Most of the pretrial facilities visited were either undergoing, or were
due to undergo, significant renovation. In renovated facilities, material conditions are
generally acceptable, but some problems remain to be addressed. For example, in some
cells, open toilets are surveyed by CCTV systems. Both male and female detainees must
rely on family members for the provision of basic hygiene items or else must pay for them.
69.
The Subcommittee also noted the inadequacy of bedding, including insufficient
changes of bedclothes, in pretrial detention facilities. It is of particular concern that, in
pretrial detention facility No. 461, detainees awaiting transfer and detainees held for up to
48 hours in temporary police detention were not provided with beds at all.
70.
The Subcommittee recommends that:
(a)
The State party should ensure that its programme of renovation of
pretrial-detention facilities is swiftly completed in accordance with international
standards. In particular, all cells should be of a reasonable size, with proper sanitation,
sufficient lighting, hygiene items and bedding and adequate ventilation provided;
(b)
Overcrowding in the transfer wing of pretrial detention facility No. 461
should be addressed as a matter of priority;
(c)
All detainees should be provided with beds and bedding be changed
more frequently.
B.
Prisons: specific concerns
71.
The Subcommittee commends the State party on the major strides which have been
made to renovate the prison system. It also welcomes the abolition of the death penalty, the
commutation of existing death penalties to 20 years’ imprisonment and other changes in the
new Criminal Code and Criminal Procedural Code, which have resulted in the reduction of
the prison population, thus easing problems of overcrowding.
Overarching concerns
Work opportunities
72.
The Subcommittee notes that extensive work opportunities are available for
prisoners. The Subcommittee remains concerned, however, that, in both closed and open
prison regimes, such opportunities are not always remunerated.
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