A/HRC/44/37
prisons in Port Harcourt, Lagos and central Nigeria helped to increase public awareness
regarding the conditions of detention and the high rate of pretrial detainees, constituting some
89 per cent of the population in Nigerian prisons. OHCHR facilitated the provision of pro
bono legal assistance to 140 pretrial detainees following the release of the Committee’s report.
22.
In 2016 and 2017, OHCHR Guatemala carried out a joint study with the national
human rights institution on the issue of pretrial detention. The report is based on joint
monitoring and consultations with members of the judiciary, criminal public defence actors,
the Office of the Attorney General and the prison system. The study concluded with a series
of recommendations, including addressing internal practices that facilitated excessive
recourse to pretrial detention. In 2018, OHCHR Guatemala provided technical advice to State
institutions, civil society and the Congress regarding reforms related to pretrial detention
regulations in the Criminal Procedure Code.
23.
Through its prison reform support programme in Cambodia, OHCHR addresses the
importance of adequate accommodation as elaborated in the Mandela Rules. It has
supported the General Department of Prisons to improve sanitation, hygiene and access to
potable water. In 2019, the General Department of Prisons produced a final draft minimum
standard on prison construction based on previous recommendations jointly provided by
OHCHR and UNOPS and consolidated by ICRC. The guidelines reflect international human
rights norms and standards and provide for the separation of different categories of detainees,
including provision for person with disabilities and children imprisoned with their mothers.
24.
Following engagement by the United Nations Human Rights Monitoring Mission in
Ukraine to reduce unlawful pretrial detention in conflict-related criminal cases, the
Constitutional Court of Ukraine declared article 176.5 of the Criminal Procedure Code
unconstitutional in June 2019. Adopted in 2014, article 176.5 provided for automatic
application and extension of pretrial detention in conflict-related criminal cases. This
provision led to the excessive use of pretrial detention, and together with protracted trials had
an impact on conditions of detention and the dignity of persons detained. OHCHR advocated
for the law to be amended, including by submission of amicus curiae to the Constitutional
Court.
25.
Monitoring the situation of irregular migrants in detention, including unaccompanied
and separated minors, is a critical focus of the work of OHCHR Mexico. In relation to the
safeguards in detention included in the Mandela Rules, the Office presented
recommendations to the Federal Congress on legislation to establish a national registry of
detention and comprehensive registration of all detainees on admission to detention, in line
with Nelson Mandela Rules Nos. 6–10, which led to the adoption of a national law on the
registry of detention. The Office also delivered technical advice on the use of pretrial
detention, which contributed to the adoption of a constitutional reform enabling a review of
the use of pretrial detention by 2024.
26.
During 2018, OHCHR Yemen conducted 121 visits to prisons and detention facilities,
including joint visits in eight southern governorates in cooperation with the Ministry of the
Interior and the Attorney General. Following coordination with the respective authorities and
humanitarian agencies, the wards for juveniles and for women in the Al Hudaydah central
prison were provided with a solar power system and water filters. In 2018, OHCHR
conducted training for 71 officials from the Ministry of the Interior, the Office of the Attorney
General and the Human Rights Ministry, on issues such as health care in prison, protection
of vulnerable groups, prison administration and non-custodial measures. Following the
training, the participants drafted an internal set of recommendations aimed at improving the
rights of prisoners, highlighting key areas of the Mandela Rules.
27.
In Uganda, OHCHR has undertaken extensive monitoring, with 202 visits to places
of detention between 2015 and 2018. The Office works with the Uganda Human Rights
Commission, the Justice, Law and Order Sector of the Government and the Ugandan Prison
Service to improve conditions based on findings from detention monitoring. In the remote
Karamoja region, joint monitoring and advocacy conducted by the Office, the Commission
and other stakeholders, led to the renovation and construction of a new wing in Amita prison
in Abim district and the construction of a new facility in Kaabong. Furthermore, in 2019 joint
monitoring with the Joint United Nations Programme on HIV/AIDS, the Ugandan Human
Rights Commission and WHO on access to health care in prisons resulted in the secondment
of a ministry health worker to cover each of the prisons in the Karamoja region.
6
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