CAT/OP/MKD/1
facilities visited in accordance with its mandate. Access to the vehicles in question was
subsequently granted but unfortunately arrived too late for the delegation to access them.
12.
The Subcommittee observed that much preparation had been undertaken in places of
deprivation of liberty prior to the visit, including painting, establishing workshops, removal
of some bunkbeds and planting of flowers. While appreciating the work done to maintain
and upgrade detention facilities, the Subcommittee considers that pre-preparation of this
nature, shortly before a visit, as well as the transfer of detainees between prisons and the
encouragement of detainees to provide positive feedback on their situation in detention,
distorts the reality of detention conditions. The purpose of unannounced visits is to allow
the Subcommittee to see the detention system as it functions normally.
13.
While entering some institutions, the Subcommittee encountered what it considered
intrusive searches, including looking at private documentation and being subjected to patdowns. It noted that the national preventive mechanism was also subjected to such practices
in at least one prison. While it is accepted that essential basic security measures are to be
complied with for the benefit of all concerned, the practices described are inappropriate, not
in keeping with the spirit of the Optional Protocol and contrary to the privileges and
immunities governing United Nations experts on mission. It is equally important that those
working for the national preventive mechanism are not in any way restricted in their work
and should not feel that they may be subjected to any form of pressure (CAT/C/57/4 and
Corr. 1). In addition, not all places of detention were on the list provided by the State party.
The Subcommittee reminds the State party of the broad definition of article 4 of the
Optional Protocol.
B.
Reprisals
14.
The Subcommittee is concerned about the possibility of reprisals against the persons
interviewed during the visit. It wishes to emphasize that any form of intimidation or
reprisals against persons deprived of their liberty constitutes a violation of the State party’s
obligation to cooperate with the Subcommittee under the Optional Protocol. In accordance
with article 15 of the Optional Protocol, the Subcommittee urges the State party to ensure
that there are no reprisals following the visit by the delegation. The Subcommittee wishes
to draw the State party’s attention to the Subcommittee’s policy on reprisals in relation to
its visiting mandate (CAT/OP/6/Rev.1).
15.
The Subcommittee categorically condemns any acts of reprisal. It stresses that
persons who provide information to or cooperate with national or international
agencies or institutions should not be punished or otherwise penalized for having done
so. The Subcommittee requests that it be kept informed of the steps taken by the State
party to prevent and investigate any possible acts of reprisal. It also requests the State
party to provide detailed information in its reply to the present report on what it has
done to prevent the possibility of reprisals against anyone who was visited by, met
with or provided information to the Subcommittee during the course of its visit, as
well as information on measures taken in response to such allegations.
II. Torture and ill-treatment
16.
While acknowledging information from the State party on “zero tolerance” of torture
and other forms of ill-treatment, the Subcommittee is concerned about some reports of illtreatment by prison guards, which disproportionately affects minority groups. Such reports
refer, inter alia to disproportionate use of force; subjection to beatings if detainees do not
follow orders; routine beating upon arrival in prison of those convicted of certain offences,
in particular sexual offences; and the acquiescence of prison guards to inter-prisoner
beatings. The Subcommittee is concerned that there have been limited investigations and
prosecutions into such treatment as identified by the committee against Torture
(CAT/C/MKD/CO/3). The Subcommittee is also concerned about the limited mechanisms
in place for reporting cases of torture and ill-treatment and the fear of reprisals from prison
guards should they report such cases.
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