7.
Furthermore, the Committee recalls that reports should indicate whether the various
applicable provisions form an integral part of the instruction and training of the personnel who have
authority over persons deprived of their liberty and whether they are strictly adhered to by such
personnel in the discharge of their duties. It would also be appropriate to specify whether arrested
or detained persons have access to such information and have effective legal means enabling them
to ensure that those rules are respected, to complain if the rules are ignored and to obtain adequate
compensation in the event of a violation.
8.
The Committee recalls that the principle set forth in article 10, paragraph 1, constitutes the
basis for the more specific obligations of States parties in respect of criminal justice, which are set
forth in article 10, paragraphs 2 and 3.
9.
Article 10, paragraph 2 (a), provides for the segregation, save in exceptional circumstances,
of accused persons from convicted ones. Such segregation is required in order to emphasize their
status as unconvicted persons who at the same time enjoy the right to be presumed innocent as
stated in article 14, paragraph 2. The reports of States parties should indicate how the separation of
accused persons from convicted persons is effected and explain how the treatment of accused
persons differs from that of convicted persons.
10.
As to article 10, paragraph 3, which concerns convicted persons, the Committee wishes to
have detailed information on the operation of the penitentiary system of the State party. No
penitentiary system should be only retributory; it should essentially seek the reformation and social
rehabilitation of the prisoner. States parties are invited to specify whether they have a system to
provide assistance after release and to give information as to its success.
11.
In a number of cases, the information furnished by the State party contains no specific
reference either to legislative or administrative provisions or to practical measures to ensure the
re-education of convicted persons. The Committee requests specific information concerning the
measures taken to provide teaching, education and re-education, vocational guidance and training
and also concerning work programmes for prisoners inside the penitentiary establishment as well as
outside.
12.
In order to determine whether the principle set forth in article 10, paragraph 3, is being fully
respected, the Committee also requests information on the specific measures applied during
detention, e.g., how convicted persons are dealt with individually and how they are categorized, the
disciplinary system, solitary confinement and high-security detention and the conditions under
which contacts are ensured with the outside world (family, lawyer, social and medical services,
non-governmental organizations).
13.
Moreover, the Committee notes that in the reports of some States parties no information
has been provided concerning the treatment accorded to accused juvenile persons and juvenile
offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated
from adults. The information given in reports shows that some States parties are not paying the
necessary attention to the fact that this is a mandatory provision of the Covenant. The text also
provides that cases involving juveniles must be considered as speedily as possible. Reports should
specify the measures taken by States parties to give effect to that provision. Lastly, under article 10,
paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment
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