CAT/C/KWT/CO/3
and dilapidated and old infrastructure, and that certain detention facilities are overcrowded.
It is also concerned at reports that minors are not separated from adults in police stations
and that male guards in police stations may be guarding female detainees after their arrest.
The Committee is also concerned at the provisions in article 48 of the Criminal Code that
stipulate that detainees who face the death penalty should not mix with other detainees,
which could give rise to cell isolation practices, including solitary confinement, that violate
the provisions of the Convention (arts. 2, 11 and 16)
23.
The State party should:
(a)
Take urgent measures to improve the material conditions in all places
where persons are deprived of their liberty and reduce overcrowding with a view to
ensuring full compliance with international standards enshrined in the United Nations
Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules);
(b)
Ensure that minors are not held with adults in police stations and that
arrested women and girls are guarded only by female guards in all places of detention,
including police stations;
(c)
Ensure that detainees facing the death penalty are not subjected to
solitary confinement and isolation and inform the Committee about specific detention
conditions that are imposed on those prisoners, ensuring that they are in line with the
Nelson Mandela Rules;
(d)
Ensure that detained persons can complain about their conditions of
detention to an independent complaints mechanism;
(e)
Ensure that independent international and domestic bodies, including
the Diwan (the national human rights institution), carry out unannounced visits to all
places where persons are deprived of their liberty and ensure that their reports and
recommendations are adequately followed up by the relevant authorities;
(f)
Place the penitentiary system under the authority of the Ministry of
Justice instead of the Ministry of the Interior.
Punishments in places of detention
24.
While taking note of the remarks made by the delegation of the State party, the
Committee is concerned at reports that the Prisons Act provides for disciplinary measures
for misconduct of prisoners, such as the use of iron rods for handcuffing or binding of feet
“for no more than a month”, which constitute violations of the Convention. It is also
concerned at the reported existence of extremely small disciplinary cells, some of which
were previously used as toilets (arts. 2 and 16).
25.
The State party should amend article 58 of the Prison Act of 1962 in order to
put an immediate end to all disciplinary measures in which restraints to movement
may amount to torture or ill-treatment of prisoners.
Imposition of the death penalty
26.
The Committee is concerned at the interruption of the de facto moratorium on the
application of the death penalty that was in force since 2007, and at the execution of nine
persons since 2011. It remains concerned at the exceedingly large number of offences for
which the death penalty is imposed, such as those relating to perjury or “forced perjury”
and drug-related crimes, which do not meet the threshold of most serious crimes (arts. 2
and 16).
27.
6
The State party should: