CAT/OP/MNG/1
101. The Subcommittee delegation was also informed that contact with the outside world
is very restrictive, comprising only 20 minutes each month for those patients in an open
prison regime and only 20 minutes every two months for those in a closed prison regime.
102. The Subcommittee recommends that exercise and other educational,
recreational and cultural activities be provided for all patients. 20 Windows should be
unfrosted as a matter of urgency, and opportunities for contact with the outside world
must be expanded. In addition, such contact should not be included within the general
quota of visits to which the patients are entitled when they return to prison.
Transfer from hospital to prison
103. Some patients, notably those coming from prisons at a considerable distance from
the central prison hospital, are held at pretrial detention facility No. 461 before being
transferred back at the end of their medical treatment. Patients complained that they could
be held for as long as two months in poor material conditions, in settings which could also
be overcrowded and negated the benefits of their medical treatment.
104. The Subcommittee recommends that the periods for which former medical
patients are held at pretrial detention facility No. 461 pending their return to the
prisons of origin must be kept as short as possible, and during that time, they must be
held in conditions that are appropriate to their vulnerable state of health.
Detention centre for those addicted to drugs or alcohol
Legal safeguards
105. The Subcommittee is concerned at the vague legal framework under which those
addicted to drugs or alcohol may be placed in detention. In particular, the Subcommittee is
concerned that medical assessments of substance addiction appear to be superficial and not
always based on appropriate medical testing. The Subcommittee found no evidence in
patients’ medical files confirming that medical examinations had been conducted that
supported the determination that the detained person was in fact an “addict”. Detainees
confirmed that they had not been bodily examined prior to court hearings, which they
considered to be doing little more than “rubberstamping” the views of the police, that they
be detained.
106. Detainees claimed that neither the process or procedure concerning their detention
had been explained to them, nor had they had any explanation of their rights. They were not
aware of any avenues through which the decision to detain them could be the subject of
impartial, timely and effective scrutiny.
107. The Subcommittee is concerned that in the absence of such fundamental safeguards,
placement in the centre may amount to arbitrary detention.
108.
The Subcommittee recommends that:
(a)
Community-based approaches for addressing the needs of those with
problems of drug and alcohol abuse should be explored as an alternative to forms of
administrative detention, which run the risk of being arbitrary in nature;
(b)
Any determination that a person is an “addict” should be based on
appropriate medical examinations and criteria. All medical examinations should be
accurately recorded in a medical file, which should be available to the detainee and
their lawyers upon request;
(c)
The State party ensure that, in practice, all persons deprived of their
liberty are afforded all fundamental legal safeguards from the outset of their
detention, which includes being informed of the reasons for their detention, their
rights as detainees and their right of access to a lawyer of their choice;
20
The Nelson Mandela Rules, rule 105.
17
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