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. 4

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