A/HRC/31/57/Add.3
86.
Infractions of prison rules are punishable by the withdrawal of privileges. In the case
of serious infractions, punishment may entail confinement in an isolation cell. The official
maximum time in isolation for disciplinary breaches was recently reduced from 20 to 14
days; the Special Rapporteur notes that, in practice, the number of days in isolation is
frequently reduced. In addition, during isolation, inmates continue to be allowed an hour
outside in a small exercise yard, by themselves.
87.
The Special Rapporteur learned, however, that some inmates are held permanently
in isolation regime, spending 23 hours a day alone in their cells, some of them for years. He
notes the security reasons given by the prison authorities. While the Special Rapporteur
finds that such a regime might be justified in cases where an inmate so requests or in cases
of risk of self-injury, he noted with concern that at least one inmate had spent two and a
half years in isolation without being offered any alternative regime.
88.
The Special Rapporteur notes with concern that while inmates are notified whenever
a sanction (including solitary confinement) is imposed, no actual process of hearing is made
available to challenge the decision, or of shared decision-making through a disciplinary
board.
89.
In addition, the Special Rapporteur received testimonies of inmates who had had
their sentences extended, generally when they were close to their date of release. He heard
allegations that the authorities would claim to have found blades or other weapons in their
possession, which according to the inmates were planted there by the authorities
themselves. The inmates were subsequently referred to the Office of the Chief Prosecutor
with new charges, resulting in a new conviction. In another case, an inmate originally
charged with homicide complained to the Public Defender about alleged ill-treatment in
October 2014, and was subsequently charged with having made a false complaint. The
Special Rapporteur stresses that criminal charges of false testimony risk having a chilling
effect on future complaints, whether to the national preventive mechanism or to any other
authority.
90.
While the Special Rapporteur is not in a position to verify the above allegations, he
notes with concern that some inmates have been re-charged and re-sentenced, therefore
made to serve a term much longer than the one originally handed down. He also notes that
convicted persons have a right to expect an end to their prison terms, and to rehabilitation
and reintegration into society.
5.
Medical attention
91.
With regard to medical attention and the documentation of physical or psychological
trauma, the Special Rapporteur learned that a medical examination is routinely conducted
on detainees upon their admission to or transfer between prison facilities, and medical
registration forms are filled out. He found that all prison facilities are adequately staffed,
with doctors and nurses working in shifts, to serve the population with basic services,
including dental care. Similarly, in temporary detention isolators, medical exams are
conducted upon the detainee’s arrival, as are services through the public hospital and
ambulance services when considered necessary. The Special Rapporteur nonetheless noted
an overall need for improvement in quality and consistency of recording and documentation
and of the medical attention offered.
92.
With regard to the recording and documentation of injuries, the Special Rapporteur
found that reports were generally incomplete, lacking correct and complete descriptions or
photographic documentation of the injury, and an interpretation of the probable cause.
While the Special Rapporteur noted with concern that in only one establishment did the
head doctor have a copy of the Manual on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents