CAT/C/SLE/CO/1
use of alternative measures of detention, due in part to the lack of sureties. The Committee
also takes note of information indicating that, although the remand warrant cannot legally
exceed eight days, it is normally not renewed, due to the lack of magistrates, or not
respected. The Committee observes, with concern, that these aspects have a direct impact
on the serious overcrowding of prisons (arts. 2, 11, 12 and 16).
The State party should:
(a)
Ensure that the Criminal Procedure Act 2014 is promptly adopted,
incorporating these recommendations, and is given force of law;
(b)
Review the provisions on alternative measures of detention in order to
remove the obstacles to their effective application;
(c)
Reduce the length and the number of pretrial detentions and ensure that
pretrial detainees receive a fair and prompt trial;
(d)
Increase the use of non-custodial measures and community service
orders, especially for minor offences, and sensitize the relevant judicial personnel to
the use of such measures, in accordance with the United Nations Standard Minimum
Rules for Non-custodial Measures (the Tokyo Rules).
Juvenile justice
25.
The Committee is concerned that the number of children in detention has steadily
increased and that minors remain in detention for months before their cases are adjudicated.
Moreover, the Committee is concerned at reports indicating that children below the age of
criminal responsibility have allegedly been charged and convicted, and that children have
been detained with adults, especially in police cells or when their age could not be verified.
The Committee also notes with concern that the insufficient number of courts in rural areas
restricts juveniles’ access to justice (arts. 2, 11, 12 and 16).
The State party should:
(a)
Introduce and use non-custodial measures for minors who are in conflict
with the law and ensure that they are only detained as a last resort and for the
shortest possible time;
(b)
Make sure that minors who are deprived of their liberty are afforded full
legal safeguards and are held separately from adults in all prisons and detention cells
throughout the country, in the light of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations
Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines);
(c)
Ensure that children are not subjected to any kind of abuse on account
of their vulnerabilities.
Detention conditions
26.
While acknowledging the willingness to improve the situation in prisons through the
drafting of the Correctional Services Bill, the Committee is still deeply concerned at:
(a)
The deplorable material and infrastructural conditions of prisons for an
overcrowded prison population;
(b)
The appalling conditions of detention, such as lack of sufficient ventilation
and lighting, the absence of beds and bedding and the poor functioning of the toilets in
police and local courts cells, and lack of access to drinking water and adequate food;
(c)
10
The obstacles to medical care or treatment of prisoners in public hospitals;