A/HRC/27/48
46.
In total, there are 331 licensed lawyers and 33 interns. The Ministry of Justice
reported that it was soon to undertake consultations with the Bar Association on how to
guarantee broad access to the legal profession and to promote the presence of lawyers in the
most remote regions of the country. The Ministry of Justice plans to increase the number of
judges in the regional and district courts.
47.
In criminal matters, the length of preventive detention is not yet limited. For
ordinary offences, it is limited to six months, except in cases of the misappropriation of
public funds. With regard to migrants, the time limit for administrative detention is between
15 and 30 days.
48.
Like judges responsible for the execution of sentences, investigating judges must
visit the detainees whom they have placed in detention.
49.
The Government further reported that the prison administration had plans to build
homes for women accused of infanticide, a detention centre with 1,500 places in
Sébikotane, 40 kilometres from Dakar, and six regional facilities with 500 places each.
Italy
50.
The Government of Italy informed the Working Group of the measures taken to
implement the recommendations issued in the Working Group’s report on its official visit
to Italy in November 2008 (A/HRC/10/21/Add.5).
51.
The Government of Italy referred to the recommendation concerning the need to
shorten the duration of criminal trials with a view to ensuring better protection of the right
to be tried without undue delay. It provided information on the enactment of a number of
new laws and the introduction of regulatory changes designed to limit the use of remand in
custody.
52.
With regard to the recommendation to thoroughly investigate incidents of police
brutality and to hold those responsible accountable, the Government reported that a strong
normative framework had been designed in order to ensure provisions adequate to the
service performed by the police forces. Each and every case/incident is duly and promptly
investigated. More generally, training activities, including human rights-related courses,
have been introduced for all law enforcement agencies, and prison staff are provided with
relevant training and given frequent refresher courses. Reference is made to article 582 of
the Criminal Code on the ill-treatment of persons deprived of their liberty, under which
proceedings are often brought for the misconduct of law enforcement officials, even in
cases of minor injuries. A system monitoring all critical events, including any injuries
suffered by inmates, has been instituted. The Prison Administration Department provides
information to all prison facilities on the Manual on Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Protocol). In addition, the establishment of a national
ombudsman/guarantor of the rights of detainees and prisoners is currently pending approval
by the Senate.
53.
According to the Government, article 41 bis of Act No. 354 of 1975 (Penitentiary
Act) provides for a regime of restrictions for prisoners from the upper echelons of mafia,
terrorist or subversive criminal organizations. A total of 716 persons are currently subject to
that regime, which has been strengthened by Act No. 94 of 2009. The Minister of Justice
adopts a provision applying the regime, which lasts for four years and can be extended for
an additional period of two years. The restrictions under the regime cannot be modified
either by the administrative authority or the judicial authority, since they are established by
the law.
17
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