CAT/OP/POL/ROSP/1
recorded that are consistent with allegations of ill-treatment made by the prisoner
concerned (or which, even in the absence of an allegation, are clearly indicative of illtreatment), the record is systematically brought to the attention of the competent
prosecuting authorities, regardless of the wishes of the person concerned. The results of
the examination should also be made available to the prisoner concerned and his or her
lawyer.
108. In addition, the Subcommittee is concerned that methadone substitution therapy is
only accessible as continuing treatment for those who were participating in such programmes
before entering the prison.
109. The Subcommittee recommends that the State party develop and implement a
comprehensive strategy for the provision of assistance to prisoners with drug-related
problems, as part of a wider national drug prevention strategy.
(g)
Strip search
110. While noting that the two-step body search procedure is widely implemented in the
prison system, the Subcommittee remains concerned at the extensive use of strip search,
including cavity search, across the visited prisons of the State party. The Subcommittee is
further concerned that in some prisons visitors, even infants, are routinely subjected to strip
search.
111. The Subcommittee recommends that the State party limit to exceptional cases
the practice of strip-searching persons deprived of liberty and visitors and ensure that,
if such searches are carried out, the criteria of necessity, reasonableness and
proportionality are met. In any case, with regard to visitors, body cavity searches should
be avoided and should not be applied to children, in line with rule 60.2 of the Nelson
Mandela Rules.
(h)
Complaint mechanisms
112. The Subcommittee notes that a range of complaints mechanisms and related
information is available to inmates. However, there are numerous allegations of reprisals
against inmates who addressed a complaint to the prison director, including for issues relating
to basic needs, such as access to health care. With regard to the possibility to contact the
ombudsperson or international or regional human rights mechanisms, in one penitentiary
institution the delegation observed that the dedicated mailbox had been left unlocked and had
clearly not been used for a long time as it was dusty. In one facility, inmates complained that
there was no possibility to call the toll-free hotline of the ombudsperson, since they were only
allowed to dial the numbers of already-designated family members and loved ones.
113. The Subcommittee recommends that the State party take measures to ensure
that complaints are properly addressed and any allegations of reprisals against those
submitting complaints are followed up. Inmates should be able to confidentially contact
the ombudsperson, as well as international and regional human rights mechanisms,
including the possibility to dial the ombudsperson institution hotline from any prison
phone, without having to seek special permission.
(i)
Contact with the outside world
114. The Subcommittee observed that in the visited prisons, payphones were installed and
inmates had the authorization to make a 5- or 10-minute phone call, provided that they had
money to make the call; in some facilities, it was noted that there were specially equipped
rooms for conversations over Skype. The Subcommittee is concerned, however, that for
persons in pretrial detention, visits by family members and others, as well as phone calls, are
only allowed with the express permission of the prosecutor. In practice, such permissions are
rarely granted, resulting in the detainees’ isolation from the outside world. In addition, the
Subcommittee is concerned that in some facilities inmates are not able to conduct their phone
calls out of the earshot of prison officers. The Subcommittee also notes that, owing to
difficulties in receiving money from their families abroad, foreign inmates experience even
greater barriers to maintaining contact with the outside world, in particular during pretrial
detention.
16
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