CAT/C/CHL/CO/6
physical exercise and other activities out of doors. The Committee also remains concerned
about reports that the prison authorities do not take adequate account of the specific needs
of women deprived of their liberty in terms of personal health and hygiene. Furthermore, it
is concerned at complaints of arbitrary practices, in particular unnecessary body searches of
both persons deprived of their liberty and their visitors. Lastly, the Committee takes note of
the ongoing drafting of a law on sentence enforcement (arts. 11 and 16).
29.
The State party should:
(a)
Step up efforts to alleviate overcrowding in detention centres, in
particular by the use of alternatives to custodial sentences, and continue the work of
improving existing prison facilities. In that connection, the Committee draws the State
party’s attention to the United Nations Standard Minimum Rules for the Treatment
of Prisoners (the Nelson Mandela Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules);
(b)
Take urgent steps to correct deficiencies in general prison conditions, in
particular with regard to the distribution of water to cells, the lack of beds,
inadequate heating and lighting and limited access to physical exercise and other
activities out of doors;
(c)
Ensure that the human and material resources needed to provide
prisoners with proper medical and health care are allocated;
(d)
Ensure that the specific needs of women deprived of their liberty are
addressed in keeping with the Nelson Mandela Rules and the Bangkok Rules;
(e)
Ensure that body searches on persons deprived of their liberty are
performed in a manner that respects the inmate’s dignity. Invasive body searches
should be conducted only when absolutely necessary and should be performed in
private by an appropriately trained staff member of the same sex as the inmate.
Search and admission procedures for visitors should not be degrading and should be
subject, at a minimum, to the same rules as those applied to inmates (see rules 50–53
and 60 of the Nelson Mandela Rules).
Disciplinary practices
30.
Based on the explanations of the delegation regarding the imposition of disciplinary
sanctions on prisoners, under no circumstances is isolation used for extended periods and
solitary confinement does not exceed 2 days, even though the Prison Regulations set a 10day limit. Nevertheless, the Committee is concerned at reports that the cells used to isolate
prisoners have poor sanitation and hygiene facilities and deficient water for washing
purposes. The Committee is also concerned about article 81 (i) of the Prison Regulations,
whereby the disciplinary sanctions applicable to prisoners include the prohibition of all
visits and correspondence with the outside world for up to one month (arts. 11 and 16).
31.
The State party should ensure that solitary confinement is used only in
exceptional cases as a last resort, for as short a time as possible and subject to
independent review, and only pursuant to authorization by a competent authority, in
accordance with rules 43 to 46 of the Nelson Mandela Rules. It should also ensure that
the cells used to isolate prisoners meet the requisite sanitation and hygiene standards,
including with regard to the provision of water. The Committee wishes to draw the
State party’s attention to rule 43 (3) of the Nelson Mandela Rules, which provides that
disciplinary sanctions or restrictive measures should not include the prohibition of
family contact and that the means of family contact may only be restricted for a
limited time period and as strictly required for the maintenance of security and order.
Juvenile justice
32.
While it notes the State party’s efforts to improve the juvenile justice system, the
Committee remains concerned at reports of ill-treatment and the imposition of collective
punishments at the San Joaquín temporary detention centre for adolescents in Santiago (see
CAT/OP/CHL/1, paras. 103–113). The Committee is also concerned at reports of suicides
GE.18-14136
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