CAT/C/ATG/CO/1
22.
The State party should take measures to bring the operational procedures in
the prison into compliance with the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules), the United Nations Standard
Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the
Americas, adopted by the Inter-American Commission on Human Rights in 2008. In
particular, it should:
(a)
Reduce the level of overcrowding, including by increasing detention
capacity and using alternatives to imprisonment in accordance with the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and
the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules);
(b)
Promptly improve material conditions in detention facilities, including
with regard to the temperature and ventilation in prison cells, and guarantee
prisoners access to adequate food and running water;
(c)
Provide adequate health services to prisoners, particularly those with
psychosocial disabilities, and conduct a thorough and independent medical
examination of all detainees, both at the outset of detention and on a regular basis
throughout the duration of detention;
(d)
Ensure that prisoners are able to file a complaint with an independent
body regarding their conditions of detention and/or torture and ill-treatment,
including sexual violence, and that such complaints are promptly, impartially and
thoroughly investigated.
Alleged police brutality
23.
The Committee is concerned at allegations of police brutality against arrested and
detained persons. The Committee is deeply concerned at reports of physical abuse against
foreign nationals at St. John’s police station. While noting the establishment of the
Professional Standards Department within the police force to handle complaints against the
police, the Committee remains concerned about the absence of a fully independent
mechanism to receive and act on such complaints (arts. 12 and 13).
24.
The State party should ensure that:
(a)
Measures are taken to strengthen the oversight of the police force,
particularly with regard to the treatment of persons in custody;
(b)
All complaints of police brutality and excessive use of force are promptly
and thoroughly investigated in an impartial manner by a fully independent body; that
there is no institutional or hierarchical connection between investigators and alleged
perpetrators; and that those accused are prosecuted and, if found guilty, sentenced to
penalties proportionate to the gravity of their acts;
(c)
The authorities launch investigations on their own initiative whenever
there are reasonable grounds to believe that an act of police brutality or excessive use
of force has been committed;
(d)
Alleged perpetrators of police brutality or excessive use of force are
immediately suspended from duty during the investigations in order to prevent
reprisals or obstruction of investigations, while also ensuring that the principle of
presumption of innocence is observed.
National human rights institution
25.
The Committee is concerned at the limited mandate of and insufficient resources
allocated to the existing Office of the Ombudsman. It regrets the lack of information, owing
to the absence of a State party report, on steps taken to implement the recommendation
accepted by the State party at the universal periodic review in 2016 (see A/HRC/33/13, para.
76) to establish a national human rights institution in accordance with the principles relating
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