A/HRC/16/52/Add.3
after five days) and extra chores. They added that corporal punishment was not allowed, but
admitted that it still happened. They acknowledged that forced kneeling was used as a
punishment. In case a complaint was presented by one of the boys, an internal investigation
was initiated. If the officer was found to have subjected a boy to corporal punishment, he or
she would be the subject of another investigation. Sanctions were then determined by the
Commissioner of Corrections. There were currently four members of staff interdicted, i.e.
suspended with either half or no pay, but the investigation had been ongoing for almost four
years. Sanctions also included fines, transfer to other institutions or dismissal.
149. The daily routine was the following: at 5.30 a.m. the boys woke up to exercise, then
they could take a cold shower and clean their cells; at 8 a.m. breakfast was provided. Then
some time was reserved for devotion. From 9 a.m. to 12 p.m. and from 1:30 to 3 p.m.
classes were held; recreation time was from 3 to 4.30 p.m., supper at 5 p.m., and at 6 p.m.
the boys were locked in their cells again. There was more or less no time or possibility for
individual recreation and privacy.
150. Regarding outside activities, the officers indicated that remandees were not allowed
to go outside because of the security risk or risk of a lawsuit if something were to happen to
one of the boys. Those with court orders could go outside if there was a specific project,
such as work. The boys were thus kept inside despite the fact that there was outside space
for exercise). During the debriefing, the management held that there was a general rule that
remandees were not allowed to go outside, but were unable to substantiate. The Special
Rapporteur had the general impression that the warders were arbitrarily depriving the
juveniles from going outside the closed compound. Beating was routine practice at Stony
Hill. Officer Morgan was most often named by the boys to have beaten them and also to
have subjected them to other forms of corporal punishment. The Special Rapporteur urges
that a criminal investigation should be conducted against Officer Morgan and the Senior
Management of Stony Hill. They should be suspended from duty pending the results of the
investigations.
Individual cases
151. A boy, aged 15, indicated that on the last Sunday in January, the warders beat him
with a folded belt on his hands and back. He was also beaten on the chest and mouth. As a
punishment, he was forced to kneel on the cold floor for half a night, wearing only his
underwear. His punishment ended when he had to use the toilet. As a result of the beating,
his lip was bleeding and his back had peeled. He had a scar on his back right shoulder and
hand, bruises on his back and finger, and a swollen arm. The officers gave him pain
medication, but did not take him to see a doctor. He added that he had been beaten because
the officers did not like him. He also stated that verbal abuse occurred daily. He had
complained about the beatings to the Superintendent, and although the Superintendent had
spoken to those involved, he did not think anything would be done. He had been told by the
other boys to inform the judge of the beatings, but his court date had been postponed after
the last beating. His visits had also been suspended for one month because he had been
fighting, according to the officers. He also added that the boys were beaten daily, especially
if they made trouble. The punishments also included beatings with wooden boards on the
buttocks and forced kneeling with the hands stretched out. However, none of the boys
watched while others were being beaten. Before his detention, he had been taken to
Halfway Tree Police Station, where he was held in solitary confinement for one week. The
findings of the forensic expert of the Special Rapporteur corroborated the allegations of illtreatment. The Special Rapporteur was concerned about the absence of any record of
examination or treatment within the medical file.
152. D.R., aged16, had been on remand at Stony Hill for one month. He complained
about the strict discipline and the daily routine, including the early wake up, cold shower
49
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