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Afghanistan

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the 2004 constitution and law under the pre-August 15 government prohibited such practices, there were numerous reports that government officials, security forces, detention center authorities, and police committed abuses.

Nongovernmental organizations (NGOs) reported that the security forces of the pre-August 15 government used excessive force, including torturing and beating civilians. Despite legislation prohibiting these acts, independent monitors including UNAMA continued to report credible cases of torture in government detention centers.

There were numerous reports of torture and cruel, inhuman, and degrading punishment by the Taliban, ISIS-K, and other antigovernment groups. UNAMA reported that punishments carried out by the Taliban included beatings, amputations, and executions. The report showed that the Taliban held detainees in poor conditions and subjected them to forced labor.

On September 25, the Taliban hung a dead body in the central square in Herat and displayed another three bodies in other parts of the city. A Taliban-appointed district police chief in Herat said the bodies were those of four kidnappers killed by police that day while securing the release of two abductees.

On October 5, the Taliban hung the bodies of two alleged robbers in Herat, claiming they had been killed by residents after they attempted to rob a house.

Impunity was a significant problem in all branches of the pre-August 15 government’s security forces. Accountability of National Directorate of Security (NDS), Afghan National Police (ANP), and Afghan Local Police (ALP) officials for torture and abuse was weak, not transparent, and rarely enforced. There were numerous reports that service members were among the most prevalent perpetrators of bacha bazi (the sexual and commercial exploitation of boys, especially by men in positions of power). In May the minister of justice and head of the Trafficking in Persons High Commission reported on government efforts to stop trafficking in persons and bacha bazi, providing a readout of investigations and prosecutions, but he listed no prosecutions of security officers. The pre-August 15 government did not prosecute any security officers for bacha bazi.

Prison and Detention Center Conditions

Conditions in prisons run by the pre-August 15 government were harsh due to overcrowding, lack of sanitation, and limited access to medical services despite the heightened risk of COVID-19. The General Directorate of Prisons and Detention Centers (GDPDC), part of the Interior Ministry, was responsible for all civilian-run prisons (for both men and women) and civilian detention centers. The Ministry of Justice’s Juvenile Rehabilitation Directorate was responsible for all juvenile rehabilitation centers. The NDS operated short-term detention facilities at the provincial and district levels, usually colocated with its headquarters facilities. The Ministry of Defense ran the Afghan National Detention Facilities at Parwan. There were credible reports of private prisons run by members of the ANDSF and used for abuse of detainees. The Taliban also maintained illegal detention facilities throughout the country prior to their takeover, with credible reports describing beatings at makeshift prisons.

Physical Conditions: Overcrowding in prisons continued to be a serious, widespread problem under the pre-August 15 government. According to UNAMA, in April at least 30 of 38 prisons nationwide had exceeded full capacity, with an average occupancy rate close to 200 percent. After the Taliban took over Kabul, many prisons were emptied as nearly all prisoners escaped or were released. The two largest prisons – Pul-e-Charkhi in Kabul and Parwan at Bagram – remained largely empty as of December.

Pre-August 15 government authorities generally lacked the facilities to separate pretrial and convicted inmates or to separate juveniles according to the seriousness of the charges against them. Local prisons and detention centers did not always have separate facilities for female prisoners.

According to NGOs and media reports, pre-August 15 government authorities held children younger than age 15 in prison with their mothers, due in part to a lack of capacity of separate children’s support centers. These reports documented insufficient educational and medical facilities for these minors.

Access to food, potable water, sanitation, heating, ventilation, lighting, and medical care in prisons varied throughout the country and was generally inadequate under the pre-August 15 government. The pre-August 15 GDPDC’s nationwide program to feed prisoners faced a severely limited budget, and many prisoners relied on family members to provide food supplements and other necessary items.

Pre-August 15 authorities were not always able to maintain control of prisons. Dozens of prisoners escaped a Badghis central prison in July when the Taliban breached the province’s capital city. The Taliban reportedly paid off prison employees to facilitate the escape of inmates. An estimated 5,000 Taliban militants were imprisoned in provincial capitals before the Taliban took over in July and August, all of whom were released by August 15. In addition to their own imprisoned fighters, the Taliban released thousands more from prisons like Parwan and Pul-e-Charkhi, including members of ISIS-K and al-Qa’ida.

The ISIS-K suicide bomber who carried out an attack at Kabul airport in late August killing dozens of local citizens (and 13 U.S. service members) was among the thousands of prisoners released by the Taliban from Parwan Prison at Bagram Air Base just 11 days before the bombing.

Administration: In the pre-August 15 government, authorities conducted some investigations of credible allegations of mistreatment. The law provides prisoners with the right to leave prison for up to 20 days for family visits. Most prisons did not implement this provision, and the law is unclear in its application to different classes of prisoners.

Independent Monitoring: The Afghan Independent Human Rights Commission (AIHRC), UNAMA, and the International Committee of the Red Cross monitored pre-August 15 government ministries, including the Ministry of Interior, Ministry of Justice, Ministry of Defense, and NDS detention facilities. The NATO Resolute Support Mission monitored the NDS, the ANP, and Defense Ministry facilities until the start of the drawdown of NATO forces early in the year. Security constraints and obstruction by authorities occasionally prevented visits to some places of detention. UNAMA and the AIHRC reported difficulty accessing NDS places of detention when they arrived unannounced. The AIHRC reported NDS officials usually required the AIHRC to submit a formal letter requesting access at least one to two days in advance of a visit. NDS officials continued to prohibit AIHRC and UNAMA monitors from bringing cameras, mobile phones, recording devices, or computers into NDS facilities, thereby preventing AIHRC monitors from documenting physical evidence of abuse, such as bruises, scars, and other injuries.

After the Taliban takeover, the UN Security Council unanimously agreed on September 17 to renew the UNAMA mandate for another six months in an effort to continue its in-country activities, including strengthening capacity in the protection and promotion of human rights such as the protection of children affected by armed conflict and prevention of child soldier recruitment.

On September 18, the AIHRC stated their facilities and assets had been commandeered by Taliban forces, thereby rendering the commission unable to fulfill its duties to protect and monitor human rights in the country’s prisons.

Albania

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such actions, there were allegations that police sometimes abused suspects and prisoners. For example, the Albanian Helsinki Committee (AHC) reported a case of physical abuse of a minor while in police detention. Medical staff did not report the corroborating physical examination showing bruising to the head and arm to the prosecutor’s office. Responding to the incident, the general director of police mandated training focused on criminal procedural rights of juveniles.

Prisoners engaged in hunger strikes on several occasions in 2020 to protest COVID restrictions limiting contacts with outside visitors, new legislation tightening prisoner privileges in high-security regimes, and allegations of corruption related to the quality of food, and access to medicine.

The Ministry of Interior’s Service for Internal Affairs and Complaints (SIAC) received complaints of police abuse and corruption that led to investigations of police actions. The Office of the Ombudsman, an independent, constitutional entity that serves as a watchdog over the government, reported that most cases of alleged physical or psychological abuse during the year occurred during arrest and interrogation, especially in cases of public protest.

The government made greater efforts to address police impunity, most notably in the single case of excessive use of deadly force. The SIAC recorded an increase in the number of investigations, prosecutions, and sanctions against officers for criminal and administrative violations. The December 2020 deadly police shooting of a COVID curfew violator who fled arrest led to widespread protests, some violent. The officer involved was arrested soon after the shooting and was convicted of homicide in July, receiving a 10-year prison sentence, reduced from 15 years due to his guilty plea.

Prison and Detention Center Conditions

Poor physical conditions in some prisons and a lack of medical care, particularly for mental-health conditions, were serious problems, as was corruption. Conditions remained substandard in some police detention facilities in remote locations.

The General Directorate of Prisons issued several decisions to manage the spread of COVID-19 within the penitentiary system. The AHC reported that in March through May 2020, authorities identified 21 cases of positive infection in prisons, while from July 2020 to February 2021, 140 cases were reported. Only five cases were treated in civil COVID medical treatment facilities, Covid 1 and Covid 2. Shen Koll prison in Lezhe and the Prisons’ Hospital in Tirana dedicated some of their facilities to treating COVID-19 patients only. Authorities continued to prohibit meetings with families. In October 2020, inmates at the Peqin and Shen Koll prisons and their families protested the restrictions on visits.

Physical Conditions: While overcrowding was not a problem in most facilities, the Albanian Helsinki Committee (AHC) and the Office of the Ombudsman reported overcrowding in the Zaharia prison in Kruje, the Jordan Misja prison, and the Durres prison. The General Directorate of Prisons reported sporadic overcrowding in several other prisons as populations fluctuated. Prison facilities in Kruja, Durres, Rrogozhina, Saranda, Lezha, Kukes, Ali Demi and Tepelena were reported by the Office of the Ombudsman and the AHC to have urgent infrastructure problems.

The Office of the Ombudsman and nongovernmental organizations (NGOs) continued to report that authorities held inmates with mental disabilities in regular prisons, where access to mental health care was inadequate. Since 2018 the Ministry of Justice and the Ministry of Health have tried to accommodate Zaharia inmates and detainees in the prison in Lezha. The AHC and the ombudsman reported the government had not completed turning buildings in the Lezha prison into a special medical institution to which Zaharia inmates could be transferred, in part due to anti-COVID restrictions. In November 2020 the Ministry of Justice announced it was constructing a prison for inmates older than 60 with a capacity of 120 beds that was to be completed in 2022. The Council of Europe’s Committee for the Prevention of Torture visited the country on November 23-26 to assess progress on closing the Zaharia facility and transferring forensic psychiatric patients to a specialized forensic psychiatric facility. Following the visit, the minister of justice announced the government had closed the Zaharia prison, and the 319 inmates there were transferred to the reconstructed Shen Kolli prison blocks.

Except for regional facilities in Tirana (excluding its commissariats, which are smaller units falling under regional police directorates) Gjirokaster, Kukes, Fier, and Korca, conditions in facilities operated by the Ministry of Interior, such as police stations and temporary detention facilities, did not meet the required standards. Some detention facilities in remote areas were unheated during the winter and lacked basic hygienic amenities and sanitizers as measures against COVID-19. Facilities were cramped, provided limited access to toilets, and had little or no ventilation, natural light, or beds and benches. Camera monitoring systems were nonexistent or insufficient in most police stations. The ombudsman reported that detention facilities operated by the Interior Ministry were overcrowded due to the increased number of arrests during the year and because of delays in the admission of new inmates in the penitentiary system. The ombudsman reported a high percentage of prison inmates were pretrial detainees. Criminal proceedings were generally delayed by shortages of judges resulting from the high number of those who failed vetting and were not yet replaced.

Administration: The ombudsman reported that prison and police officials generally cooperated with investigations. The General Directorate of Prisons received 20,065 complaints and requests through August, mostly regarding employment decisions, health-care services, and COVID-related prohibitions on in-person inmate contact with family and visitors that continued to July. The ombudsman received 60 complaints from detainees and inmates through August but did not refer any cases for prosecution.

In 2020 the Berat prison director was suspended and later dismissed following charges of abuse of duty and corruption. Through August the General Directorate of Prisons reported that it had carried out disciplinary proceedings against 112 prison staff and had fired 26.

Through August four inmates remained under a legal regime adopted in July 2020 to minimize communications between organized crime and gang members in prison and their outside contacts, to prevent them from running criminal organizations while incarcerated.

Independent Monitoring: The government generally allowed local and international human rights groups, media, and international bodies such as the Committee for the Prevention of Torture to monitor prisons and detention facilities.

Improvements: The ombudsman and the AHC confirmed an overall decrease during the year in prison overcrowding due to new infrastructure and amnesties. Nevertheless, some penitentiary facilities were still overcrowded.

Algeria

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and prescribes prison sentences of between 10 and 20 years for government agents found guilty of torture. Human rights activists reported police occasionally used excessive force against suspects, including protesters exercising their right to free speech, that could amount to torture or degrading treatment.

On January 26, authorities transferred political activist and prominent Hirak detainee Rachid Nekkaz from Kolea prison in Tipaza (30 miles from Algiers) to Labiod Sidi Cheikh prison (450 miles from Algiers) and placed him in solitary confinement despite Nekkaz’s suffering from prostate cancer and liver complications. On February 19, authorities released Nekkaz and other Hirak detainees ahead of the Hirak movement’s two-year anniversary. Authorities prevented Nekkaz from leaving Algeria on March 27 and arrested him twice in May for traveling within the country.

On February 2, during university student Walid Nekkiche’s trial for allegedly “distributing and possessing leaflets undermining the interest of the country,” “participating in a conspiracy to incite citizens to take up arms against the State,” “organizing secret communication with the aim of undermining national security,” and “undermining security and national unity,” Nekkiche accused intelligence officers of torture during the 14 months he spent in pretrial detention. Abdelghani Badi, Nekkiche’s lawyer, said the intelligence services forced Nekkiche to undress and then raped him. The public prosecutor’s office ordered an investigation into Nekkiche’s claims, although no details of the investigation were released by year’s end.

On March 2, Hirakist Sami Dernouni testified that he suffered mistreatment and torture while in the custody of the intelligence service in Algiers. Dernouni faced charges of “inciting an illegal gathering,” “undermining national unity,” and “undermining national security.” Dernouni’s lawyer, Fellah Ali, said the intelligence services forced Dernouni to undress, before beating and shocking him. Authorities denied his request to seek medical care for his injuries.

On April 3, authorities arrested 15-year-old Said Chetouane and several other youths during a Hirak protest. Upon his release, Chetouane publicly accused the police of sexual assault. The DGSN launched an investigation into Chetouane’s claims, accusing the other arrested youth of manipulating Chetouane, and stated authorities would publicize the investigation’s results, if the prosecutor approves. Authorities have not yet publicized the investigation’s findings.

The Ministry of Justice did not provide figures concerning prosecutions of police officers for abuse during the year. Local and international nongovernmental organizations (NGOs) asserted that impunity in security forces was a problem.

Prison and Detention Center Conditions

There were some significant reports of mental and physical abuse in detention centers that raised human rights concerns. Human rights lawyers and activists also expressed concern with prisons’ COVID-19 management.

The penal code prohibits the detention of suspects in any facilities not designated for the alleged crime. The local prosecutor has the right to visit detention facilities at any time.

Physical Conditions: The Ministry of Justice reported a total prisoner population of 94,749 individuals as of September and an average overcrowding rate of 19 percent, and stated it balanced the prison population across facilities to alleviate overcrowding. Convicted terrorists had the same rights as other inmates but were held in higher security prisons based on the danger they posed.

Prison authorities separated vulnerable persons but provided no consideration for sexual orientation. There were no legal protections for lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons in prison, but authorities stated civil protections extend to all prisoners regardless of gender orientation.

The government used specific facilities for prisoners younger than age 27. The Ministry of Justice’s General Directorate for Prison Administration and Resettlement (DGAPR) maintained different categories of prisons that also separated prisoners according to the lengths of their sentences. The Ministry of Justice stated cell sizes exceeded international standards under the UN’s Nelson Mandela Rules. Some observers, including government-appointed human rights officials, attributed overcrowding in pretrial detention facilities to continued overuse of pretrial detention.

Authorities generally transferred pretrial detainees, after presenting them before the prosecutor, to prisons rather than holding them in separate detention facilities. The government stated pretrial detainees were normally held in cellblocks separate from those that confined the general prison population.

Administration: The DGSN reported it conducted investigations into 210 allegations of mistreatment and took administrative actions against officers it deemed to have committed abuses, including suspensions and termination. Religious workers reported they had access to prisoners during the year, and authorities allowed detainees access to religious observance. The DGSN reported it conducted four human rights-focused training sessions for 237 police officers during the year.

Independent Monitoring: The government allowed the International Committee of the Red Cross (ICRC) and local human rights observers to visit prisons and detention centers. ICRC staff visited prisons, police, and gendarme stations under the jurisdiction of the Ministry of Justice, and an administrative detention center operated by the Ministry of Interior. The ICRC hosted training sessions on human rights standards related to arrest, detention, and interrogation procedures for judicial police from the DGSN and National Gendarmerie, as well as for judges.

Improvements: During the year the Ministry of Justice reported it opened two new prisons, bringing the total number of prisons to 51, and the new prisons provided better detention conditions in line with international standards. The new prison in Messerghine reduced overcrowding at the nearby Oran prison. The ministry also reported that it renovated and reopened the prison in Sfisef, which it closed in December 2020 for renovations. The Ministry of Justice reported the government included prisoners in their nationwide COVID-19 vaccination campaign, and that the ministry, in coordination with the Ministry of Health, trained prison medical staff in COVID-19 vaccination and treatment, electrocardiogram use, and emergency first response. The DGAPR also increased weekly bank-transfer limits from 2,500 dinars ($19) to 4,500 dinars ($34) , permitting prisoners more money to purchase staple goods in the prison, and expanded public telephone use in 93 prisons.

Andorra

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits by independent human rights observers.

Angola

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit all forms of torture and cruel, inhuman, or degrading treatment or punishment, but the government did not always enforce these prohibitions.

Periodic reports continued of beatings and other abuses both on the way to and inside police stations during interrogations. The government acknowledged that at times members of the security forces used excessive force when apprehending individuals. Police authorities openly condemned some acts of violence or excessive force against individuals and asked that victims report abuses to the national police or the Office of the Public Defender.

On April 17, the Movement of Angolan Students (MEA) organized a protest against increased public university fees. According to the students, police dispersed demonstrators with tear gas and beatings. In a press note, MEA’s national secretary Laurindo Mande accused the police of violence against the students that resulted in 20 injuries and several detentions.

On July 1, a group of teachers in the city of Uige staged a protest demanding paid leave and back pay for examination subsidies they alleged had not been paid since 2019. Protest organizers reported that police used tear gas and violence to disperse the crowd, resulting in several injuries, three of which were serious; 12 teachers and one journalist were detained by police, and several demonstrators had their property seized or destroyed.

Security forces sometimes used excessive force when enforcing restrictions to address the COVID-19 pandemic. The government has held security forces accountable for these abuses in several cases and provided some training to reform the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh and life threatening due to overcrowding, a lack of medical care, corruption, and violence.

Physical Conditions: Prisons had a total capacity for 21,000 inmates but held approximately 25,000 inmates, with approximately 10,000 of those inmates held in pretrial detention. The prison system held an excessive number of prisoners in pretrial detention due to a backlog of criminal cases in the court system.

Authorities frequently held pretrial detainees with sentenced inmates. Authorities also held short-term detainees with those serving long-term sentences for violent crimes, especially in provincial prisons. Inmates who were unable to pay court-ordered fines remained in prison after completing their sentence or while awaiting release warrants issued by higher courts. Many prisoners were held in pretrial detention longer than permitted under law, which ranges from four to 14 months depending on the severity and complexity of the alleged crime. Some offenders, including violent offenders, reported paying fines and bribes to secure their freedom, but it was unclear how prevalent this practice was.

On April 26, the director of the Nkiende penitentiary in Mbanza Congo, Zaire Province, said that the facility was overcrowded with more than double its capacity of 250 inmates and was housing 511 persons at the time.

Prison conditions varied widely between urban and rural areas. Prisons in rural areas were less crowded and had better rehabilitation, training, and reintegration services. There were no reports of deaths in prisons, but there were reports of inmates getting sick due to the poor conditions of the prisons, including with COVID-19. Prisons did not always provide adequate medical care, sanitation, potable water, or food, and it was customary for families to bring food to prisoners. Local NGOs stated prison services were insufficient.

In Caboxa jail, Bengo Province, there were reports from inmates and their relatives of episodes of violence against inmates that included beatings. There were also reports that jail officials forbade family members from bringing food and toiletries, relegating inmates to purchase provisions from a small shop inside the jail. Those without money faced illness and malnutrition. Bengo provincial officials disputed these claims, noting the jail had its own poultry and livestock farm.

On May 12, the Multisectorial Commission for Prevention and Combat of COVID-19 in Cuando Cubango Province reported that there were 284 positive cases in the jail in Menongue, the provincial capital. The jail was built to accommodate 500 inmates but held more than 800. The authorities isolated the site for institutional quarantine and released those who had already served their sentences.

Administration: The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits to prisons by independent local and international human rights observers and foreign diplomats. Nevertheless, civil society organizations faced difficulties in contacting detainees, and prison authorities undermined civil society work in the prisons by impeding their ability to enter the prisons.

Members of opposition parties visited prisons around the country on a regular basis and reported uneven improvements in living conditions and rehabilitation programs. According to the Ministry of Justice and Human Rights, ministry representatives made monthly visits to detention centers with representatives of the Office of the Public Defender, the Attorney General’s Office, and members of the National Assembly to assess prisoners’ living conditions. Members of the National Assembly conducted independent visits to prisons. On May 13, parliamentarians visited Luzia jail in Lunda Sul Province, where inmates complained about several cases of excessively long pretrial detention.

Improvements: The COVID-19 vaccination campaign covered facilities in Bengo, Lunda-Sul, and Huambo provinces. On August 24, approximately 900 inmates were vaccinated in Caboxa jail.

During the year seven videoconference rooms, called Virtual Parlors, were installed in three jails in Luanda and in one in Bengo allowing inmates to have virtual contact with their relatives and lawyers. The UN Development Program financed the project, implemented by the Human Rights Center of the Catholic University and the Penitentiary Services.

Antigua and Barbuda

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions were harsh due to inadequate sanitary conditions and overcrowding.

Physical Conditions: The country’s sole prison was built in 1735 to hold 150 prisoners but as of October held 246, of whom 11 were women. According to a nongovernmental organization (NGO) representative, overcrowding created serious COVID-19 infection risks for prisoners and staff. The government did not provide information regarding numbers of COVID-19 infections in the prison.

There were no reports of prisoner mistreatment.

Administration: The superintendent of prisons reviews mistreatment reports and forwards them to a prison-visiting committee for further investigation.

Independent Monitoring: The government permits prison visits by independent human rights observers, but no visits occurred during the year.

Area Administered by Turkish Cypriots

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The “law” does not refer explicitly to torture but does prohibit police mistreatment of detainees under the section of the “criminal code” that deals with assault, violence, and battery. There were reports that police abused detainees.

In February police arrested Russian fugitive Alexander Satlaev in Kyrenia four days after he escaped from the “Central Prison.” The Turkish Cypriot Bar Association Human Rights Committee, Refugee Rights Association, Turkish Cypriot Human Rights Foundation, and other human rights organizations issued a joint statement claiming police subjected Satlaev to inhuman treatment and torture. Organizations reported a police officer pulled Satlaev’s hair and that there were bruises on his arms and his face. Online news outlets posted photographs and videos purportedly showing a police officer pulling Satlaev’s hair while his arms were handcuffed behind his back.

The “attorney general’s office” reported they received four complaints concerning police battery and use of force and had launched investigations into all four cases. The “attorney general’s office” determined two of the complaints were baseless, based on statements from eyewitnesses. Investigations regarding the other two cases continued at year’s end.

The “attorney general’s office” also reported the completion of three investigations regarding police mistreatment pending since 2020: two complaints were assessed to be baseless; the third resulted in a police officer being charged with abuse. The trial was pending at year’s end.

An “attorney general’s office” investigation concluded that a complaint by two female international students of police mistreatment in July 2020 was unfounded. The students had reported that they were forced into a vehicle by four undercover police officers, beaten in the vehicle and at a police station, and then released 24 hours later without any explanation. Press outlets published photos of their bruised faces. The “attorney general’s office” determined the students were fighting in the street while intoxicated and had refused to report to the police station to provide statements, so police detained both students and held them overnight at the police station. The students were charged with disturbing the peace and public intoxication.

In one of the complaints, which it assessed to be baseless, the “attorney general’s office” determined that a complainant’s injuries in 2019 resulted from a traffic accident that occurred three days prior to an alleged abuse complaint. The complainant was charged with providing false statements to police and fined.

In April a police officer was sentenced to 50 days in prison after a video was published of the officer kicking a detained tourist in the presence of other officers at the Ercan (Timbou) airport in 2019. Other police officers present during the incident received administrative penalties. According to local press, the detainee was drunk and yelled at police for getting his cell phone wet during the security screening.

Prison and Detention Center Conditions

Prison and detention center conditions did not meet international standards in a number of areas, including overcrowding, sanitary conditions, medical care, heating, and access to food. A nongovernmental organization (NGO) reported asylum seekers were detained in overcrowded, “government”-run detention centers pending their return to Turkey.

Physical Conditions: Gross overcrowding was reported to be a problem. The “Central Prison,” the only prison administered by Turkish Cypriots, is in the northern part of Nicosia and has an official capacity of 454 inmates. Authorities stated the number of prisoners and pretrial detainees at the “Central Prison” was 622 in October, after peaking at 633 earlier in the year, requiring the use of prison classrooms and computer rooms as cells for inmates. Press reported as many as 45 to 50 persons for every 10 square meters (107.6 square feet) living in unhygienic conditions. An NGO that visited both the “Central Prison” and detention centers reported conditions remained deplorable: asylum seekers complained about inadequate sleeping arrangements, poor hygienic conditions, insect infestation, poor ventilation, lack of heating and cooling systems, lack of access to fresh air or shower facilities, inadequate food, and no access to internet or phones. Asylum seekers at detention centers, as a general practice, were provided sandwiches twice a day.

NGOs, media, and the “ombudsman” reported overcrowding remained a problem. An NGO also reported receiving complaints about police mistreatment of detainees in police detention centers. Most of the complaints alleged inhuman conditions in the detention centers and that police officers verbally abused detainees. According to NGOs, the “Central Prison” did not effectively separate adults and juveniles, and there were no detention or correction centers for children. Due to lack of space, pretrial detainees and prisoners occupied the same cells. NGOs reported conditions were better in the women’s section of the prison.

NGOs reported that the lack of security cameras at detention centers and in parts of the “Central Prison” allowed police officers and prison guards to abuse detainees with impunity. In addition, NGOs reported that sanitation remained a significant problem in the “Central Prison,” with inadequate access to hot water. Authorities stated hygiene supplies were insufficient due to an increasing number of inmates. An NGO also reported the police detention facilities lack hygienic conditions, direct sunlight, proper ventilation, and access to water.

NGOs claimed that prison health care was inadequate, lacking sufficient medical supplies and a full-time doctor. NGOs reported testing for contagious diseases at the “Central Prison” was haphazard and inconsistent. In June 2020 the Prison Guards Association chair stated that overcrowding in prison cells created a breeding ground for contagious diseases. Authorities reported all inmates were subject to hospital health checks before entering the “Central Prison.” Authorities stated a doctor visited the prison twice a week and was on call for emergencies. A dentist visited the prison once per week, a dietician visited twice per week, and there were two full-time psychologists at the prison, according to authorities.

An NGO reported that the detention center at Ercan (Timbou) airport lacked proper ventilation and access to natural light. The NGO stated hygiene was a concern because there was only one bathroom inside each detention room and the rooms were not regularly cleaned.

An NGO reported that pandemic quarantine centers generally included cells where individuals who tested positive for COVID-19 were placed together with close contacts or travelers undertaking mandatory quarantine after their arrival in the country.

In October local press reported COVID-19 continued to spread at the “Central Prison,” with 125 inmates and eight guards testing positive for COVID-19 in one week. The COVID-19 positive inmates were first placed in a quarantine hotel and later transferred to a newly constructed – but at the time, not yet fully functional – prison meant to replace the “Central Prison.” After several days at the new prison, the inmates were sent back to another quarantine hotel as the infrastructure at the new prison was inadequate, including a lack of running water and closed-circuit cameras. Multiple media outlets reported the inmates did not have water for three days.

Administration: Authorities reported an investigation of a complaint regarding a prison guard’s mistreatment and battery against an inmate. Authorities reported there were no intentional or nonintentional deaths at the “Central Prison.” Authorities stated facilities were available for Muslim prisoners and detainees to conduct their religious observance but that due to space restrictions, inmates generally conducted their religious observance in their cells. No equivalent facilities or space was provided for non-Muslim prisoners to conduct religious observances, services, or prayers. Non-Muslim clergy were permitted to visit the prison, although there were no reports of such visits.

Independent Monitoring: Authorities generally permitted prison monitoring but with some restrictions. An NGO reported the physical conditions at the “Central Prison” could not be observed in detail, as their staff were not allowed to visit the cells. They were only allowed to conduct detainee interviews in the visitor waiting room or in areas designated for private conversations.

Improvements: Authorities reported that the “Ministry of Health” provided disinfectant and masks to the “Central Prison” to help mitigate the spread of COVID-19. Authorities also reported that all prisoners and prison guards had been fully vaccinated against COVID-19. Authorities reported some inmates completed their high school education and exams online. While in-person visits were restricted due to the pandemic, inmates held video conferences with their families.

Argentina

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices; however, there were reports that government officials employed them. The Prosecutor General’s Office; the Prison Ombudsman’s National Office (PPN), an independent government body that monitors prison conditions; and the CPM reported complaints of torture perpetrated by provincial and federal prison officials, as did local and international NGOs.

As of July the PPN had recorded 116 cases of torture or mistreatment. Although the PPN created a National Registry of Cases of Torture in 2010, its reporting remained largely limited to the city and province of Buenos Aires (home to approximately 46 percent of the population).

In May local authorities sent to trial the case involving the 2020 torture and sexual abuse of 14 female detainees at the third commissary in the municipality of La Matanza, with 14 officers facing charges of sexual abuse and abuse of authority and six others charged with obstruction of justice. As of November 1, the case was pending.

Impunity remained a significant problem in security forces at all levels. Corruption and a slow, politicized judicial system impeded efforts to investigate abuses. The government generally denounced reported abuses and took efforts to train military and police forces at all levels on human rights, including through online training during the COVID-19 pandemic.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to overcrowding, poor medical care, and unsanitary conditions. There were reports of forced transfers and the recurrent use of solitary confinement as a method of punishment, particularly in the province of Buenos Aires.

Physical Conditions: Prison overcrowding remained a problem. According to the Special Prosecutor’s Office for Institutional Violence, the federal penitentiary system was at 93.5 percent capacity, holding an estimated 11,400 prisoners. As of April, however, Buenos Aires provincial penitentiaries held 45,374 inmates in facilities initially designed for 24,000, according to the Center for Legal and Social Studies. Many pretrial detainees were held with convicted prisoners.

Overcrowding in juvenile facilities often resulted in minors being held in police station facilities, although some NGOs and the national prison ombudsman noted the law prohibits doing so.

Women’s prisons were generally less violent, dangerous, and overcrowded than men’s prisons.

The Federal Penitentiary Service reported 58 inmate deaths in federal prisons in 2020, of which 17 were violent. By contrast the CPM stated that 178 prisoners died in the province of Buenos Aires during 2020, of which 52 were due to health problems. There were also seven homicides and 13 suicides.

According to the Center for Legal and Social Studies and other human rights organizations and research centers, inmates in many facilities also suffered from poor nutrition; inadequate medical and psychological treatment; inadequate sanitation, heating, ventilation, and light; limited family visits; and frequent degrading treatment. The CPM reported 6,664 cases of health neglect during 2020 in provincial detention facilities, including deficient health care, inadequate diet, lack of medication, and lack of medical attention.

Administration: Authorities sometimes conducted investigations of credible allegations of mistreatment. According to local NGOs, prisoners occasionally did not submit complaints to authorities due to fear of reprisal.

Independent Monitoring: The government generally permitted monitoring by independent local and international human rights observers.

Armenia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Nevertheless, there were reports that members of the security forces continued to torture or otherwise abuse individuals in their custody. According to human rights lawyers, while the criminal code defines and criminalizes torture, it does not criminalize other cruel, inhuman, or degrading treatment. The first conviction in a torture case since the 2015 adoption of a new definition of torture in the criminal code occurred on December 28. Two policemen were found guilty of committing torture in 2019 and sentenced to seven years in prison.

With the disbanding of the Special Investigative Service (SIS), the investigation of torture cases was redistributed. According to lawyers involved in such cases, the cases were under investigation by the National Security Service (NSS), Investigative Committee, and the newly created Anticorruption Committee. Civil society criticized this redistribution, demanding the creation of a specialized, independent unit to tackle torture cases.

There were credible reports that ethnic Armenian and Azerbaijani forces abused detainees held in connection with the conflict in late 2020 (see section 1.g. and the Country Reports on Human Rights Practices for Azerbaijan).

Human rights activists asserted that lack of accountability for old and new instances of law enforcement abuse continued to contribute to the persistence of the problem. Observers contended that the failure of authorities to prosecute past cases was linked to the absence of change in the composition of the justice system since the 2018 political transition, other than at the top leadership level. Human rights lawyers also noted multiple cases where those responsible for abuse were later promoted, including after the 2018 revolution. According to the government, the majority of criminal cases into police use of disproportionate force against protesters during the largely peaceful protests of 2018 were dropped due to the failure of law enforcement bodies to identify the perpetrators. The trial of former deputy police chief, Levon Yeranosyan, for abuse of authority during the 2018 protests continued.

On May 25, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its most recent periodic visit to the country in December 2019. The CPT noted that the great majority of the persons interviewed by its delegation who were or had recently been in police custody said they had been treated appropriately.

On June 3, the Helsinki Association for Human Rights reported that on May 30, Vanadzor police abused Samvel Hasanyan and two other suspects upon arrest on suspicion of burglarizing an apartment. The beatings reportedly continued at the Vanadzor police station. Hasanyan’s lawyer from the human rights association, Arayik Papikyan, said numerous officers, some in civilian clothing, participated in the abuse. Papikyan published photographs of Hasanyan with numerous abrasions and bruises on his face, ears, head, arms, and body. The investigators in the case alleged that Hasanyan had sustained the injuries when being taken out of the car and being pushed to lie on the ground. According to Papikyan, the Vanadzor trial court authorized Hasanyan’s pretrial detention based only on police testimony regarding his alleged role in abetting a theft in an apartment. The SIS opened an investigation into the torture allegations on charges of abusing authority but dropped it two months later. According to the government, the preliminary investigation did not find sufficient evidence to establish beyond a reasonable doubt that the relevant police officers had used violence against the three individuals. According to Papikyan, Hasanyan refused to testify to the SIS concerning the abuse due to fear of retaliation in connection with the criminal case in which he was a suspect. The lawyer also noted that there was no video recording of the day’s events in Vanadzor’s Taron district police station, a problem he described as chronic.

During the year the trial of three police officers from Yerevan’s Nor Nork District continued on charges of torture for the September 2020 abuse of weight-lifting champion Armen Ghazaryan and another citizen. Ghazaryan asserted that officers had kidnapped him after he tried to intervene when plainclothes police were apprehending a person over a personal dispute. Ghazaryan stated he was taken to a police station, where he was beaten by a group of officers and subjected to degrading and inhuman treatment. After Ghazaryan reported the abuse, employees of the Nor Nork police department reportedly pressured him to recant his testimony, threatening to frame him if he did not. In September 2020 the SIS launched a criminal case and arrested three officers on torture charges and the department chief on charges of abuse of authority for trying to interfere with an internal investigation. While the charges against the department chief were later dropped, citing his repentance, the case against the three officers, who remained in pretrial detention, was sent to court and continued at year’s end.

There were continued reports of abuse in police stations, which, unlike prisons and police detention facilities, were not subject to public monitoring. Criminal justice bodies continued to rely on confessions and information obtained during questioning to secure convictions. According to human rights lawyers, procedural safeguards against mistreatment during police questioning, such as inadmissibility of evidence obtained through force or procedural violations, were insufficient. While human rights lawyers claimed that the installation of video cameras in police stations had not been effective in safeguarding against abuse, pointing to the absence of video evidence in several torture cases that they monitored, officials said that existing safeguards precluded individual police stations from manipulating or deleting centrally collected video data. According to official data, video recording systems were installed in interrogation rooms of 21 police subdivisions, and 70 video monitoring systems were installed at the exits and entrances of 20 regional subdivisions, all of which were connected to the main departmental network.

There was no progress in the investigation of the 2019 death of Edgar Tsatinyan, who died in a hospital after having been transferred from Yerevan’s Nor Nork police department, where he had been in custody. Tsatinyan died of a drug overdose after swallowing three grams of methamphetamine, with which police reportedly intended to frame him after he refused to confess to a murder. In July 2020 the SIS dropped the investigation into Tsatinyan’s death. In December 2020 a Yerevan trial court rejected the appeal by the lawyer representing Tsatinyan’s family to reopen the case. The lawyer, citing numerous procedural violations in the investigation, subsequently submitted an appeal on January 14 to the Court of Appeals that was rejected on April 25.

On July 13, lawyers for the Helsinki Association for Human Rights announced that the SIS had dropped torture charges against the commander of the Yerevan Police Department Escort Battalion, Armen Ghazaryan, for his alleged role in the 2017 police beatings of four members of the armed group Sasna Tsrer while they were in custody on court premises. The defendants suffered cuts and bruises on their faces, heads, abdomens, backs, and legs in the beatings. The lawyers said the SIS dropped the charges due to contradictory data and its inability to give an “external criminal assessment of the actions of the police officers,” which appeared to mean that SIS found no evidence besides that provided by the victims. The Helsinki Association strongly condemned the prosecutor’s office, the SIS, and other law enforcement agencies, demanding they act to end violence and torture by police and the long-standing practice of covering up such cases.

The CPT noted problems regarding voluntary consent to hospitalization by a number of legally competent patients who may not have signed consent forms voluntarily. At the Armash psychiatric health center, the CPT was told that since it “would be a hassle” to apply to a court for authorization for involuntary hospitalization, persons who brought in a family member for treatment were told they had to coerce that person to sign a voluntary consent form to receive treatment. Once a patient signs the form, there is no way to apply to a court to reverse the involuntary hospitalization. The CPT also reported that patients subsequently were not allowed to go outside to exercise or depart the hospital.

There were no reports regarding the scale of military hazing in the army and whether it constituted torture. According to a 2020 report produced by the NGO Peace Dialogue, the lack of legal clarity concerning the functions and powers of military police as well as a lack of civilian oversight mechanisms made it possible for military police to employ torture and other forms of mistreatment against both witnesses and suspects in criminal cases. There were anecdotal reports during the year that military police abused servicemen.

In September 2020 Syunik regional trial court judge Gnel Gasparyan, in an unprecedented decision, ruled in the case of Artur Hakobyan that investigators had failed to carry out a proper investigation into Hakobyan’s torture claims. The judge ruled that investigators should undertake a psychological assessment of the victim that adhered to provisions in the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol. Eight months after this ruling, investigators commissioned the required psychological assessment, which was underway at year’s end. In 2015 Hakobyan had been released from the army early due to a mental disorder. According to his family and lawyer, Hakobyan was in good mental health before joining the army but experienced deep psychological trauma as a result of torture and abuse. In 2019 the Court of Cassation recognized there had been a violation of Hakobyan’s right to freedom from torture, but up to the September 2020 court decision, the case had been stalled due to continuing appeals and counterappeals.

Impunity was a significant problem in the security forces. To combat torture, during the year the government held targeted training sessions for judges, prosecutors, investigators, military command staff, military police, police, and prison staff.

Prison and Detention Center Conditions

While the prison population decreased due to improvements in early release procedures and the release of some prisoners under COVID-19 prevention measures, conditions in some prisons were harsh and marked by poor sanitation, inadequate medical care, and predation by hierarchical criminal structures. New criminal and administrative procedure codes, adopted on May 5 and June 30, respectively, provide for alternatives to imprisonment for certain crimes; both codes were scheduled to enter into force in July 2022. The government announced on October 28 that Kosh and Hrazdan prisons would close on January 1, 2022, allowing the government to reallocate resources. According to Justice Minister Andreasyan, as of October the prison system had the capacity to house 5,346 inmates but held just 2,113.

Physical Conditions: According to the Prison Monitoring Group (PMG), a coalition of local NGOs, prison renovations underway since 2019 had not resulted in major improvements for inmates. Prison monitors, however, no longer considered prison conditions to be life threatening, noting that with the dramatic decrease in inmate numbers the worst cells were no longer in use. Conditions in Nubarashen Prison, one of the country’s 12 penitentiaries, in some cases were harsh, although improvements to pipework reportedly eliminated the sewage stench from the prison. Human rights observers and the PMG also continued to express concern regarding the physical conditions of Armavir Penitentiary, which did not have an air ventilation or cooling system, which allowed recorded cell temperatures as high as 113 degrees Fahrenheit in past summers. The heat affected inmates as well as the prison staff. On August 2, the human rights defender’s (ombudsperson’s) office issued a statement on the degrading conditions of defendants’ confinement in court buildings in the Shirak and Aragatsotn regions. The statement identified unsanitary conditions, open and inaccessible toilets, lack of heat and lighting, and lack of furniture in some cells. According to the ombudsperson and other reports, these problems also occurred in other courthouses throughout the country.

On August 19, the ombudsperson stated that conditions in the coronavirus department of the “hospital of convicts” penitentiary were inhuman and degraded human dignity. According to the statement, wards were dilapidated, unsanitary, and damaged by mold and decay.

According to the ombudsperson and the PMG, impunity related to the deaths of inmates and the lack of a systemic approach to their prevention continued to be a problem. Prison deaths totaled 13 in the year. This number exceeded those in 2020 due to illness but remained lower than in prior years. Nine deaths were linked to illness, including four from COVID-19; three committed suicide; and one was murdered. An investigation of the latter was underway at year’s end. The government and NGOs did not attribute any of the 2020 or 2021 prison deaths to physical conditions.

Observers continued to note the need for better psychological services in prisons. According to the PMG, there was a shortage of psychologists on staff and hundreds of inmates in need of care. According to research published by the PMG in April 2020, the large number of patients per psychologist, overwhelming amounts of paperwork, and inappropriate working conditions as well as the ambiguous role of prison psychologists contributed to the failure of psychological services and led to burnout among the few existing specialists. In 2020 the ombudsperson criticized the practice of punishing inmates who self-mutilated instead of providing them with appropriate medical and psychological care. The government implemented programs to improve psychological services and increase staff, which together with improved physical conditions and a reduction in the number of inmates, contributed to a decrease in the number of cases of self-mutilation during the year.

The government reiterated its zero-tolerance policy towards corruption in prisons and expressed its determination to root out the organized hierarchical criminal structure dominating prison life, in which select inmates (called “watchers”) at the top of the informal prison hierarchy controlled the inmate population and prison life. According to the government, from January 1 to October 1, authorities investigated 19 criminal cases connected to the prison criminal subculture, of which four were sent to court with indictments, one was suspended, five were terminated, and nine remained under investigation. As of October 1, courts were examining six prison-related criminal cases against 25 individuals, with no convictions yet in place. According to observers it was not clear whether the government’s efforts had resulted in changes to the hierarchical system or had simply driven the problem underground.

Observers noted some progress fighting systemic corruption and said that prison administrations did not participate in corruption schemes, in part due to high-profile prosecutions of prison administration heads. Some observers reported that prisoners were no longer forced to contribute to a general pool of money supervised by watchers and that prisoners no longer appeared to be forced to participate in gambling. Other observers noted, however, that family members of incarcerated individuals reported having to pay representatives of prison hierarchies located outside of penitentiaries to ensure the safety of individuals in prison.

Experts assessed that corruption was likely to continue as long as the criminal subculture continued to exist. In its May 25 report, the CPT noted that its delegation received no credible allegations of recent physical mistreatment by staff in the six penitentiary establishments visited. From its observations, the CPT concluded, however, that interprisoner violence, intimidation, and extortion remained a problem in most of the prisons visited and was clearly related to the persistent influence of informal prisoner hierarchies.

In August 2020 the SIS reported the arrest of former Nubarashen Penitentiary chief Samvel Mkrtchyan for his role in arranging and covering up the February 2020 attack on inmate Vahagn Abgaryan. Mkrtchyan was released in September 2020 after a trial court refused to satisfy the SIS motion for pretrial detention. Mkrtchyan was charged with fraud and abuse of power for the February 2020 beating of Abgaryan (reportedly a member of the criminal hierarchical system) by other inmates. To hide the circumstances of the attack, which according to earlier official reports was instigated by orders from “criminal authorities” from abroad, Mkrtchyan instructed employees to report that Abgaryan had slipped exiting the bathroom. Other penitentiary employees were also arrested in the case. According to the government, the criminal case against penitentiary staff Hovik Aleksanyan and Zohrab Petrosyan was dropped in September 2020 due to their remorse, and the criminal case against Samvel Mkrtchyan was dropped in November on the grounds of an unspecified “change in the situation.”

In its May 25 report, the CPT noted the reform underway of the prison health-care service and the establishment of a Penitentiary Medicine Center, a public noncommercial organization for providing health care in prisons, but expressed concern that inmates still complained of a lack of access to specialized care. Observers noted that the number of surgeries and other specialized care permitted under the state order was limited. Most prisons lacked accommodations for inmates with disabilities.

According to the PMG and other human rights organizations, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) individuals continued to experience the worst prison conditions. Prison administrators reinforced and condoned abusive treatment and held LGBTQI+ individuals in segregated cells in significantly worse conditions. The PMG noted that homosexual men or those assumed to be homosexual, those associating with them, and inmates convicted of crimes such as rape as well as those who refused to live by the “unwritten prison rules” were segregated from other inmates and forced to perform humiliating tasks, such as cleaning toilets, picking up trash for other prisoners, and providing sexual services. Food and cutlery for these inmates were kept separate, and they had a separate laundry machine and a separate solitary confinement cell.

On March 4, the NGO Center for Legal Initiatives issued a report, Issues of LGBT Prisoners of Armenia. The report specified that no state programs, strategies, or reports (including the 2020-22 National Strategy on the Protection of Human Rights and the 2019-23 Penitentiary and Probation Strategy mentioned the human rights of imprisoned LGBTQI+ persons or the need to improve their detention conditions. The report found that discrimination against and segregation of imprisoned LGBTQI+ persons was a direct consequence of the prison criminal subculture but was not recognized as such by government policy papers. Since initiatives to eradicate the criminal subculture did not consider the special vulnerability of LGBTQI+ persons, the report concluded the initiatives could have a further negative effect on LGBTQI+ individuals. According to the PMG, inmates entering the prison system were not screened for vulnerabilities such as sexual orientation, psychological problems, or other characteristics that could make their inclusion in the general prison population dangerous.

Observers reported significant improvements during the year in the early release and release on parole of inmates. Despite the progress, some experts noted that some prisoners were disadvantaged by the point system used to determine eligibility for release, since it failed to take into account factors not related to the inmate (for example, points were granted for employment or participation in an education program, which were not always available or were not available in all prisons). In its May 25 report, the CPT likewise noted that the lack of work opportunities for inmates meant that most of them could not qualify for early release. The CPT stated its concern that, as had been the case during its 2015 visit, none of the prisons visited offered anything remotely resembling a regime of organized constructive out-of-cell activities. In addition, there was no individual risk and needs assessment, no individual sentence planning (setting forth appropriate work, education, or other activities or noting any medical or psychological care that may be needed), and hardly any efforts to prepare prisoners for release.

According to the Ministry of Justice, an improved food program had a positive effect on the overall maintenance of order in prisons as well as a positive impact on the families of inmates, who no longer had to provide food. There were anecdotal reports concerning a deterioration in the quality of the food in the latter part of the year, with a few prisoners reportedly refusing to consume it. A PMG report on the food in late 2020, however, indicated that in private conversations, prisoners assessed the food positively and were generally satisfied with it.

Administration: Authorities did not conduct prompt investigations into credible allegations of mistreatment.

Outside the periods when there were COVID-19 restrictions, no access problems were reported.

Independent Monitoring: The government generally permitted domestic and international human rights groups, including the CPT, to monitor prison and detention center conditions, and they did so regularly. Authorities allowed monitors to speak privately with prisoners and permitted the ICRC to visit prisons and pretrial detention centers. Authorities, however, limited independent monitoring by domestic groups. The Ministry of Justice continued to deny PMG monitors access to those individuals in whose cases the investigation body had put a restriction on communication. The PMG was also unable to monitor the conditions of confinement for those individuals. The PMG asserted the restriction was arbitrary and that the investigation body’s decision should not apply to the PMG. In November 2020 the PMG criticized the Ministry of Justice for the March 2020 adoption of a decree regulating PMG activities that contradicted its prior agreements with authorities. According to a PMG statement, the decree added further restrictions to their activities, such as a requirement to obtain permission from the prison administration before visits during nonworking hours. The decree also significantly raised the experience and qualification requirements for PMG members, all of whom performed their work pro bono. The PMG expressed concern that the new criteria could result in the inability of the group to attract new members, decreasing its ability to monitor prisons.

On August 5, human rights reporter Zhanna Alexanyan reported that the prison administration had obstructed her meeting with Karen Hovhannisyan, a pretrial detainee in Armavir Penitentiary, forcing her to meet her client in a bathroom foyer. Hovhannisyan was arrested in 2018 on charges of murder that he denied. While he entered prison without health problems, when Alexanyan met him, he was in a wheelchair and had numerous health problems that Hohannisyan attributed to beatings and torture by police and prison staff as well as inappropriate medical care. According to the Prosecutor General’s Office, the special investigative service launched a criminal case on August 20 on charges of torture concerning a 2019 incident when six security staff of Nubarashen prison, where Hovhannisyan was being held at the time, beat him to force him to end a hunger strike. On October 10, the case was forwarded to the NSS for further investigation and was underway at year’s end.

Improvements: Observers noted the reduction of the prison population and the decrease in corruption as improvements during the year. According to observers, the decrease of the prison population improved visitor access. According to the Ministry of Justice, ramps were built in the Central Prison hospital and Armavir and Hrazdan prisons for persons with disabilities, and special accommodations were made in the Central Prison hospital to enable their use of showers and bathrooms. To accommodate inmates with disabilities, toilets with seats were installed in at least one bathroom in each penitentiary, and in Hrazdan Penitentiary special equipment was installed in the bathing room.

Australia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and the government generally respected these provisions. There were occasional claims police and prison officials mistreated suspects in custody.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: The most recent data from the Australian Institute of Criminology reported 89 prison deaths in 2018-19. In the year to November, four indigenous prisoners died (one by suicide, three of undetermined causes) in prisons. Although media attention and public debate focused on indigenous deaths in prison, a December 2020 report by the Institute of Criminology stated that overall, indigenous persons in custody did not die at a greater rate than nonindigenous individuals.

Administration: Authorities investigated allegations of inhuman conditions and documented the results of such investigations in a publicly accessible manner. The government investigated and monitored prison and detention center conditions.

Independent Monitoring: The government permitted visits by independent human rights observers. There were no reports of intimidation by authorities. Some domestic and international human rights groups expressed concerns about conditions at domestic immigration detention centers (see section 2.f.).

Austria

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them. Impunity was not a significant problem in the security forces.

After police used excessive force against several climate activists while dispersing a spontaneous assembly in Vienna in 2019, one police officer involved was prosecuted on charges of bodily injury and another on charges of abuse of office and false testimony. In October a Vienna court convicted one officer of one count of bodily injury and sentenced him to a four-month suspended sentence. The other officer was convicted of one count of abuse of office and sentenced to a one-year suspended prison sentence. In June a Vienna court convicted a third officer involved in the case of abusing his office and giving false testimony. The court sentenced him to a 12-month suspended prison term. The country’s administrative court also declared some actions by police during the incident as illegitimate. In October a Vienna court convicted another officer involved in the case of endangering bodily safety and imposed a fine.

In July a Vienna court convicted six police officers accused of striking a Chechen man during an identity check in 2019; two others were acquitted. The two main defendants received suspended prison sentences of 10 to 12 months on charges of bodily injury and abuse of office. Four others received suspended sentences of eight to 10 months on charges of abuse of office. Amnesty International stated that the suspended sentences did not have a sufficient deterrent effect.

The government’s January 2020 coalition agreement called for the creation of an independent office to deal with complaints of police brutality, but it had not been established as of year’s end.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse. The most recent public report by an international prison monitoring body was the 2015 report by the Council of Europe’s Committee for the Prevention of Torture (CPT) based on a 2014 visit to the country. The report stated that the committee received virtually no allegations of physical mistreatment of prisoners by staff and that material conditions of detention were satisfactory.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted visits by the CPT.

Azerbaijan

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and criminal code prohibit such practices and provide for penalties for conviction of up to 10 years’ imprisonment, credible allegations of torture and other abuses continued. Most mistreatment took place while detainees were in police custody, where authorities reportedly used abusive methods to coerce confessions. Authorities reportedly denied detainees timely access to family, independent lawyers, or independent medical care. There were credible reports that Azerbaijani forces abused soldiers and civilians held in custody in connection with the conflict in late 2020 (see section 1.g. and the Country Reports on Human Rights Practices for Armenia).

During the year the government took no action in response to the Council of Europe’s Committee for the Prevention of Torture (CPT) reports on six visits the CPT conducted to the country between 2004 and 2017. In the reports, the CPT stated that torture and other forms of physical mistreatment by police and other law enforcement agencies, corruption in the entire law enforcement system, and impunity remained systemic and endemic. The CPT visited the country in December 2020 and discussed its findings from that visit at the CPT plenary meeting on June 28 to July 2. At year’s end the CPT’s report from the December 2020 visit had not yet been published.

There were several credible reports of torture during the year. For example, the lawyer of Agil Humbatov, a member of the opposition Azerbaijan Popular Front Party widely considered a political prisoner (see section 1.e.), stated that Humbatov’s initial testimony was coerced under torture after his arrest on August 11. In addition, Humbatov informed his lawyer that he had been threatened with rape at the Khazar district police department.

Reports continued of torture at the Ministry of Internal Affairs’ Main Department for Combating Organized Crime. Persons reportedly tortured included a civil society activist (see section 4), Muslim Unity Movement member Razi Humbatov, and opposition activist Tofig Yagublu. Pictures of Yagublu were widely available on the internet with his eyes swollen shut, apparently from beatings while he was in police detention in December following a small unsanctioned rally in Baku (see section 2.b., Freedom of Peaceful Assembly, and section 3).

On November 1, Khanlar Veliyev, the deputy military prosecutor general, acknowledged that more than 100 persons connected with the 2017 Terter case had been subjected to different forms of physical abuse, including torture, that resulted in the deaths of eight suspects, four of whom were posthumously acquitted. The government prosecuted 17 officials for abuse: nine were sentenced to three and one-half years in prison, six were sentenced to six months, and one received a 10-year prison sentence. Investigators who falsified evidence also were sentenced to prison. In the Terter case, authorities detained a group of approximately 100 servicemen and civilians in 2017, allegedly for spying for Armenia. As of year’s end, 27 remained in prison and were considered political prisoners, some serving sentences of up to 20 years.

On July 21, the European Court of Human Rights (ECHR) issued a decision that found that from 2009 to 2011, authorities tortured and unlawfully deprived Armenian Artur Badalyan of his liberty. The court ordered the state to pay Badalyan 30,000 euros ($34,500) in damages.

There were numerous credible reports of cruel, inhuman, or degrading treatment in custody. For example, human rights defenders reported that on August 12, imprisoned Muslim Unity Movement deputy Abbas Huseynov was beaten by several prison guards in Prison No. 8.

Authorities reportedly maintained an implicit ban on independent forensic examinations of detainees who claimed abuse. Authorities reportedly also delayed detainees’ access to an attorney. Opposition figures and other activists stated that these practices made it easier for officers to mistreat detainees with impunity. In one example, on April 5, opposition Musavat party member Nizamali Suleymanov and his nephew, Akif Suleymanov, were sentenced to 20 days of administrative arrest for allegedly using drugs. After serving their sentences, they were forced to undergo medical treatment at a drug treatment center for six months. They were released on October 27.

Prison and Detention Center Conditions

According to prison monitoring conducted by a reputable organization prior to the onset of COVID-19, prison conditions were sometimes harsh and potentially life threatening due to overcrowding; inadequate nutrition; deficient heating, ventilation, and sanitation; and poor medical care. Detainees also complained of inhuman conditions in the crowded basement detention facilities of local courts where they were held while awaiting their hearings.

Physical Conditions: Authorities held men and women together in pretrial detention facilities in separate blocks and held women in separate prison facilities after sentencing. Local nongovernmental (NGO) observers reported female prisoners typically lived in better conditions, were monitored more frequently, and had greater access to training and other activities. The same NGOs noted, however, that women’s prisons suffered from many of the same problems as prisons for men. While the government continued to construct new prison facilities, some Soviet-era facilities were still in operation and failed to meet international standards. Gobustan Prison, Prison No. 3, Prison No. 14, and the penitentiary tuberculosis treatment center reportedly had the worst conditions.

Human rights advocates reported guards sometimes punished prisoners with beatings or by placing them in solitary confinement. Local and international monitors reported markedly poorer conditions at the maximum-security Gobustan Prison.

Prisoners claimed they endured lengthy confinement periods without any opportunity for physical exercise. They also reported instances of cramped, overcrowded conditions; inadequate ventilation; poor sanitary facilities; inedible food; and insufficient access to medical care. One prison monitor noted food delivery and visits resumed after a pause due to the pandemic; the monitor reported overall progress had been made with regards to treatment of inmates and their complaints.

Administration: While most prisoners reported they could submit complaints to judicial authorities and the Ombudsperson’s Office without censorship, prison authorities regularly read prisoners’ correspondence, monitored meetings between lawyers and clients, and restricted some lawyers from taking documents into and out of detention facilities. The Ombudsperson’s Office reported that it conducted systematic visits and investigations into complaints, but activists claimed the office regularly dismissed prisoner complaints in politically sensitive cases.

Independent Monitoring: The government permitted some prison visits by international and local organizations, including the ICRC and the CPT.

Authorities generally permitted the ICRC access to detainees held in connection with the Nagorno-Karabakh conflict. The ICRC conducted regular visits throughout the year to promote protection of prisoners, including respect for international humanitarian law, and regularly facilitated the exchange of messages between prisoners and their families to help them re-establish and maintain contact.

A human rights community prison-monitoring group, known as the Public Committee, was allowed access to prisons without prior notification to the Penitentiary Service.

Improvements: The Ministry of Justice reported that authorities permitted the use of GPS-enabled electronic monitoring bracelets for more than 2,500 citizens during the year, allowing them to avoid incarceration.

Bahamas

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and cruel, inhuman, or degrading treatment or punishment. At times citizens and visitors alleged instances of cruel or degrading treatment of criminal suspects or of migrants by police or immigration officials.

In April a correctional officer reported that two prison officers beat a male prisoner, resulting in hospitalization. There were four recorded cases of physical abuse by correctional officers. Two officers in these cases had disciplinary charges levied against them. The evidence in the remaining two cases was deemed insufficient to go to trial, according to the government.

Law enforcement investigated four alleged cases of rape at the government’s only safe house for victims of domestic violence, which was also used to hold migrant detainees who are women and children. Two investigations resulted in the discharge of the immigration officers involved. Prosecutors dropped a third case because the alleged victim declined to press charges. Prosecutors dropped a fourth case when the accuser died from COVID-19.

Prison and Detention Center Conditions

Conditions at the government’s only prison, the Bahamas Department of Correctional Services (BDCS) facility commonly known as Fox Hill Prison, were harsh due to overcrowding, poor nutrition, inadequate sanitation, and inadequate medical care. Conditions at the Carmichael Road Detention Centre for migrants were adequate for short-term detention only.

Physical Conditions: Overcrowding, poor sanitation, and inadequate access to medical care were problems in the BDCS men’s maximum-security block. The facility was designed to accommodate 1,000 prisoners but was chronically overcrowded. Juvenile pretrial detainees were held with adults at the BDCS remand center, a minimum-security section of the prison. At the end of November, eight juveniles were incarcerated.

Due to COVID-19, authorities suspended the ability of family members to bring meals to prisoners. Authorities also limited food sales by independent vendors. Prisoners reported infrequent access to nutritious meals and long delays between daily meals. Maximum-security cells for men measured approximately six feet by 10 feet and held up to six persons with no mattresses or toilet facilities. Inmates removed human waste by bucket. Prisoners complained of the lack of beds and bedding. Some inmates developed bedsores from lying on bare ground. Sanitation was a general problem, and cells were infested with rats, maggots, and insects. The government claimed to provide access to toilets and showers one hour a day to prisoners in maximum-security areas. The women’s facilities were generally more comfortable, with dormitory-style quarters and adequate bathrooms.

Individuals detained in jails complained they were denied access to medical care and food. The availability of and access to medical and psychological care were sporadic. Prisoners consistently complained that prison authorities did not take their health concerns seriously. Sick male inmates and male inmates with disabilities had inadequate access to the medical center. Correctional officers and civil society accused prison management of contributing to COVID-19 outbreaks by failing to quarantine COVID-19-positive prisoners from the general population and failing to provide prisoners with timely access to the vaccine.

While the law prohibits persons serving a prison sentence from voting, persons who are detained but not convicted are permitted to vote. Individuals in the main prison who were detained but not convicted, however, were denied the ability to vote in the September election.

Administration: The Internal Affairs Unit and a disciplinary tribunal at the BDCS facility were responsible for investigating any credible allegations of abuse or substandard conditions. The prison commissioner was placed on leave beginning October 1 pending an investigation into several allegations including poor management of the Department of Corrections, the unapproved release of a prisoner, and gross negligence concerning the transmission of COVID-19 between prisoners.

Independent Monitoring: The BDCS facility stated it was not granting access to visitors, including human rights organizations, due to COVID-19 protocols. Independent observers, including the Office of the UN High Commissioner for Refugees (UNHCR), were restricted to virtual meetings with detainees who were held at the migrant detention center and the government’s safe house.

Bahrain

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits “harm[ing] an accused person physically or mentally.” Domestic and international human rights organizations, as well as detainees and former detainees, maintained that torture, abuse, and other cruel, inhuman, or degrading treatment or punishment by government security officials continued during the year.

Human rights groups alleged security officials beat detainees, placed detainees in stress positions, humiliated detainees in front of other prisoners, and insulted detainees’ religious beliefs. Detainees reported that security forces committed abuses during searches, arrests at private residences, and during transportation. Detainees reported intimidation, such as threats of violence, took place at the Criminal Investigation Directorate (CID) headquarters facility. Some detainees at the CID reported security officials used physical and psychological mistreatment to extract confessions and statements under duress or to inflict retribution and punishment.

Human rights groups reported authorities subjected children, sometimes younger than age 15, to various forms of mistreatment, including beating, slapping, kicking, and verbal abuse. On August 18, the criminal age of majority was raised from 15 to 18, although the law has been inconsistently applied.

Human rights organizations reported that four prison detainees, convicted on terrorism, illegal assembly, and rioting charges, began a hunger strike in November to protest prison mistreatment and denial of contact with their families. The four ranged in age from 17 to 20. Several of the juvenile detainees reported they were held in solitary confinement and were subject to abuse during their interrogations.

Human rights organizations and families of inmates also reported authorities denied medical treatment to injured or ill detainees and prisoners of conscience (see section 1.e., Political Prisoners and Detainees). In June, 73-year-old Hasan Mushaima, a prominent leader of a dissolved political society sentenced to life in prison on terrorism charges related to his role organizing protests in 2011, issued a recorded message from Jaw Prison to complain of his deteriorating health and prison authorities’ refusal to refer him to outside medical specialists. The government offered to release Mushaima on house arrest under the alternative sentencing law, but he declined, reportedly refusing to accept restrictions on his activities (see section 1.e., Political Prisoners and Detainees).

Impunity was not a significant problem in the security forces. The government stated that all prisons, detention facilities, and interrogation rooms at local police stations and the CID were equipped with closed-circuit television cameras that monitored facilities at all times. The Ministry of Interior police code of conduct requires officers to abide by 10 principles, including limited use of force and zero tolerance for torture and mistreatment. The Royal Academy of Police included the police code of conduct in its curriculum, required all recruits to take a course on human rights, and provided recruits with copies of the police code of conduct in English and Arabic. The ministry reported it took disciplinary action against officers, although it did not publish details of which principles the officers violated and what disciplinary steps were taken.

According to its eighth annual report released in December, the Interior Ministry’s Office of the Ombudsman received 209 complaints and 691 requests for assistance between May 2020 and April 30. Alleged victims or their families submitted multiple complaints regarding police mistreatment, along with human rights organizations and other international organizations. The complaints were levied against a variety of police directorates, Reform and Rehabilitation Centers (prisons), and other Ministry of Interior units. The Ombudsman rejected some cases as being outside of its jurisdiction and referred several more to other investigative bodies. The majority of cases investigated by the Ombudsman were considered resolved at the time of the report’s release, although several were still considered pending.

The Special Investigation Unit (SIU), an element of the Public Prosecutor’s Office (PPO) that reports to the king-appointed attorney general, is responsible for investigating security force misconduct, including complaints against police. The SIU investigated and referred cases of misconduct to the appropriate court, including civilian criminal courts, the Ministry of Interior’s Military Court, and administrative courts. The ministry generally did not release the names of officers convicted, demoted, reassigned, or fired for misconduct. The SIU did not provide detailed reports regarding the nature of police misconduct, abuse, or excessive use of force. According to compiled local media reports during the year, the SIU received 68 formal complaints, questioned 107 who were tied to those complaints, and prosecuted 16 members of the security forces in the criminal court on police misconduct charges. Three police officers faced trials in military courts, and at least 11 former police officers were referred to psychological evaluations.

The Ministry of Interior organized various human rights training programs for its employees, including a year-long human rights curriculum and diploma at the Royal Police Academy. The academy regularly negotiated memoranda of understanding with the government-linked National Institution for Human Rights (NIHR) to exchange expertise. The academy included a unit on human rights in international law in the curriculum for its master’s degree in Security Administration and Criminal Forensics program.

Prison and Detention Center Conditions

Human rights activists reported conditions in prisons and detention centers were harsh and sometimes life threatening due to overcrowding, physical abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Human rights organizations and prisoners reported gross overcrowding in pretrial detention facilities that placed a strain on prison administration and led to a high prisoner-to-staff ratio.

Authorities held detainees younger than age 15 at the Juvenile Care Center; criminal records are expunged after detainees younger than 15 are released. The government housed convicted male inmates ages 15 to 17 and those 18 to 21 in separate buildings located on the grounds of the Dry Dock Facility. Upon reaching 21, prisoners enter the general population at Jaw Prison. The Ministry of Interior reserved one ward in the pretrial detention center for elderly and special needs detainees. Officials reported they offered these detainees special food, health care, and personal services to meet their needs.

The government reported detention centers were staffed with experienced medical specialists and outfitted with modern equipment, but prisoners needing medical attention reported difficulty in alerting guards to their needs. Some prisoners reported delays in scheduling offsite treatment or very short stays in the hospital, especially those needing follow-up care for complex or chronic conditions. Some prisoners spent extended periods at external hospitals, with prison guards posted to monitor them.

In response to complaints that prisoners were not receiving appropriate medical attention, the Ministry of Interior stated that all inmates received full health-care services and medication under the law and in line with humanitarian standards. After calls from human rights groups to investigate the death of 50-year-old inmate Abbas Hassan Ali, the ministry confirmed he died of a heart attack April 6. Separately, the NIHR reported it found no evidence prison guards deliberately denied medical services to Ali.

The government announced on February 17 that COVID-19 vaccines were available for detainees. The Ministry of Interior later stated that most detainees received vaccines and that detainees could choose which version. Nonetheless, both prisoner families and human rights organizations raised concerns regarding COVID-19 outbreaks in detention centers. On March 25, families of detainees protested in front of the Ombudsman’s office and Jaw Prison against “the spread of COVID-19 in prison” and called for the release of their relatives. After reviewing Ministry of Health data, human rights groups reported that more than 39 positive cases had been detected in Jaw prison as of March. The human rights nongovernmental organization (NGO) Salam for Democracy and Human Rights published the names of detainees who tested positive, calling for their immediate release.

On June 8, Hussain Barakat, who was serving a life sentence for terrorism due to his alleged participation in the “Zulfiqar Brigades,” an allegedly Iran-linked militant group, died in prison from COVID-19 complications. Human rights activists alleged that prison authorities had failed to properly implement COVID-19 mitigation measures. The Ministry of Interior’s General Directorate of Reformation and Rehabilitation stated it disinfected cells daily and provided prisoners with medical kits and hygiene products. New inmates were quarantined for 14 days before joining the general prison population.

According to the government, six prisoners died during the year for reasons unrelated to COVID-19; the causes of three of these deaths were deemed by the government to be the result of chronic diseases, one was due to an overdose, and two were reported suicides. On July 25, Hasan Abdulnabi Mansoor, age 35, died from sickle cell anemia complications while serving a three-month sentence at Dry Dock Detention Center. Human rights groups accused prison authorities of delaying his medical treatment; authorities denied the allegations.

Human rights organizations reported food was adequate for most prisoners; however, prisoners with medical conditions had difficulty obtaining special dietary provisions. During the year some prisoners submitted complaints regarding the quality and quantity of food, allegedly after the prison contracted with a new catering company. Prisoners complained outdoor activities were limited to one hour and a half per day.

The ministry operated a center for rehabilitation and vocational training, including various educational, drug addiction, and behavioral programs.

Administration: Authorities generally allowed prisoners to file complaints to judicial authorities without censorship, and officials from the Ombudsman’s Office were available to respond to complaints. Human rights groups reported that it was sometimes necessary to file multiple complaints to receive assistance. Prisoners had access to visitors at least once a month, often more frequently. Authorities permitted 30 minutes of phone calls each week in principle, but at times prevented prisoners from communicating with family members and others. In-person family visits remain suspended at year’s end after a March 2020 decision by the General Directorate of Reformation and Rehabilitation in response to the COVID-19 pandemic. Detainees were permitted to hold video conferences with their families in lieu of in-person visits.

The NIHR stated Shia inmates were given additional time to practice Ashura rituals in common areas, adding that religious rituals were not allowed in prison cells as a matter of general policy.

Independent Monitoring: Authorities permitted access for the NIHR and the Prisoners and Detainees Rights Commission (PDRC), as well as the Ombudsman’s Office and the SIU (see section 5). The Ombudsman also serves as the chair of the PDRC, which maintained an office at Jaw Prison to conduct regular investigations and privately meet with inmates and their families. The PDRC also conducted a formal monitoring visit to Jaw Prison August 30-31.

International human rights organizations questioned the independence and effectiveness of these organizations.

In April inmates in Building 17 of Jaw Prison undertook a hunger strike to protest mistreatment, including religious discrimination, lack of access to medical facilities, and limits on family visitation. On April 17, human rights groups reported prison officials violently assaulted inmates after an extended sit-in and protest in Jaw Prison. The Ministry of Interior issued a statement the same day claiming that the prisoners had “blocked the hallways and obstructed the services inside the facility.” A delegation from NIHR visited Jaw Prison and disputed the ministry’s claims in an April 18 statement. Human rights NGOs reported that 33 prisoners were held in solitary confinement following the prison assault, and the UN Office of the High Commissioner on Human Rights called on the government to launch an investigation into the “violent repression of the sit-in at Jaw Prison.”

Separately, in response to a request for assistance for prisoner Sayed Mahmood al-Alawi from a human rights organization, the Ombudsman’s Office confirmed it facilitated a family visit in November and stated it would investigate allegations of mistreatment. No public information on the status of the investigation was available by year’s end.

In May, Interior Ministry officials invited senior diplomatic representatives to view prison conditions at Jaw Prison facilities and speak with prison officials regarding prisoner treatment. The Interior Ministry stated it was seeking to address prison overcrowding, including through early releases of inmates, and adequate medical care for prisoners. The government facilitated a second visit for diplomats in September to the Nasser Vocational Training Center in Jaw Prison. Diplomats were allowed to speak freely with prisoners concerning prison conditions, their treatment in the prison, and vocational training and courses offered by the prison.

Improvements: On January 30, the Ministry of Interior’s undersecretary stated that the ministry offered inmates video calls, e-court hearings, e-documentation, and online medical consultations in response to the outbreak of COVID-19. The undersecretary cited safety measures, such as social distancing between inmates, repurposing an empty building to a field hospital, moving inmates to other buildings to alleviate overcrowding, opening new prison buildings, and quarantining incoming inmates to isolate COVID-19 cases. The official also stated the inmates underwent random COVID-19 tests, and the prison provided masks, gloves, and sanitizers.

The government released prisoners under the alternative sentencing law, and on September 9, the king issued a royal decree further expanding the use of alternative sentencing (see section 1.e., Trial Procedures).

In February the king issued the Restorative Justice Law for Children and Protection from Mistreatment, which came into effect August 18 (see section 1.e., Trial Procedures and section 6, Children). The law, which raised the criminal age of majority from 15 to 18, mandates alternative noncustodial sentences for juvenile offenders.

Bangladesh

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit torture and other cruel, inhuman, or degrading treatment or punishment, local and international human rights organizations and media reported security forces, including those from the intelligence services, police, and soldiers seconded into civilian law enforcement, employed torture and cruel, inhuman, or degrading treatment or punishment. The law contains provisions allowing a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect may take place without a lawyer present. Human rights organizations alleged many instances of torture occurred during remand. Some victims who filed cases under the Torture and Custodial (Prevention) Act were reportedly harassed and threatened, while some were forced to withdraw their cases due to fear.

According to multiple organizations, including the UN Committee against Torture (CAT), security forces reportedly used torture to gather information from alleged militants and members of political opposition parties. These forces reportedly used beatings with iron rods, kneecappings, electric shock, rape and other sexual abuse, and mock executions. Numerous organizations also claimed security forces were involved in widespread and routine commission of torture, occasionally resulting in death, for the purpose of soliciting payment of bribes or obtaining confessions.

According to international and local civil society, activists, and media, impunity was a pervasive problem in the security forces, including within but not limited to the RAB, BGB, Detective Branch of Police, police, and other units. Politicization of crimes, corruption, and lack of independent accountability mechanisms were significant factors contributing to impunity, including for custodial torture. While police are required to conduct internal investigations of all significant abuses, civil society organizations alleged investigative mechanisms were not independent and did not lead to justice for victims. Law enforcement authorities took no additional steps, such as training, to address or prevent abuses.

On January 4, media reported family members of Rejaul Karim Reja said he died in police custody four days after he was arrested by the Detective Branch of Police in Barisal. Medical reports stated Reja, a law student, died of excessive bleeding and had numerous injury marks on his body. Barisal Metropolitan Police investigated the case and alleged he died because of complications related to drug addiction. Reja’s father alleged police tortured and killed his son and demanded a fair and impartial investigation.

On February 25, media reported writer Mushtaq Ahmed died in prison after being held in pretrial detention for 10 months. Ahmed was charged under the DSA for posting criticism of the government’s response to the COVID-19 pandemic on Facebook (see section 2.a.). On March 3, the inspector general of prisons told media a three-member investigation committee found “no evidence of negligence.” On March 4, the minister of home affairs announced Ahmed died of natural causes and found no visible evidence of wounds or bruises on his body. According to Ahmed Kabir Kishore, a cartoonist detained by the RAB alongside Ahmed, Mushtaq Ahmed endured “extensive torture,” including being “beaten a lot” and subjected to electric shock torture to the genitals during his detention. The RAB’s spokesperson Lieutenant Colonel Ashiq Billah rejected the allegations of torture and dismissed Kishore’s complaints as “lies.” Nationwide protests demanding justice for Ahmed’s death in custody lasted for weeks.

On March 4, Kishore, charged under the DSA, was released on bail. Media reported Kishore appeared visibly injured after being released. On March 10, Kishore filed a legal claim with a Dhaka court under the Torture and Custodial Death (Prevention) Act alleging that he and Ahmed were tortured in custody. Although police records state he was arrested by Unit 3 of the RAB (RAB-3) in May 2020, Kishore said he was picked up from his residence by men in plainclothes three days prior. Kishore detailed the alleged torture he experienced while in custody, stating, “Every time they were not pleased with an answer, they hit me on my legs, ankles, and soles of my feet,” and that someone from behind slapped him on both sides of his head throughout RAB’s interrogations. Kishore also stated he lacked timely access to medication to control his diabetes. He reported “long-lasting side effects,” such as bleeding through his right ear, severe pain in his left knee and ankle, and difficulty with walking.

In March the UN Human Rights Council released a statement urging the “prompt, transparent, and independent” investigation into Ahmed’s death, the “overhaul” of the DSA, the release of all detained under the law, and an investigation into allegations of ill-treatment of other detainees, including Kishore. The Office of the High Commissioner for Human Rights reported allegations of torture and ill-treatment by the RAB were a “long-standing concern.”

On March 14, a Dhaka court directed the Police Bureau of Investigation to launch an investigation into Kishore’s claims. On October 17, media reported the Bureau submitted to the courts the investigation report, which stated there was no evidence of Kishore’s allegations of torture against 16 or 17 unnamed individuals in plainclothes, nor was there definitive evidence that one or more persons picked up the cartoonist from home and tortured him physically and mentally in May 2020. On November 24, Kishore filed a no-confidence application against the investigation report, which the court accepted.

On June 26, 10 international human rights groups issued a statement for the International Day in Support of Victims of Torture, stating the government allegedly failed to follow up on recommendations made by the CAT in 2020 to better prevent and address torture.

On July 3, media reported a three-member committee was formed to investigate the alleged torture of Indian prisoner Shahjahan Bilash after footage of the incident went viral on social media. Five officers from Cumilla Central Jail, including the chief prison guard, were suspended. Three other prison employees were also suspended for allegedly circulating the video footage.

Multiple news outlets reported a woman filed a case under the Torture and Custodial Death (Prevention) Act against six persons on July 5, including three police officers, alleging she was tortured and sexually assaulted while in custody in the Wazirpur police station in Barisal District. In response to the allegations, a senior judicial magistrate court asked the district police to launch an investigation and ordered a medical report to be submitted within 24 hours of the complaint. Media reported the district police withdrew two of the accused officers from the police station and launched an investigation into the allegations. The medical report submitted to the court by the local hospital stated injury marks were found on both hands, neck, and other parts of the woman’s body. The officers accused in the case denied the allegations.

Prison and Detention Center Conditions

Prison conditions were harsh and at times life threatening due to severe overcrowding, inadequate facilities, physical abuse, corruption, and a lack of proper sanitation and social-distancing measures during the COVID-19 pandemic. There were no privately run detention facilities.

Between January and September 30, local human rights organization ASK reported 67 prisoners, of which 42 were awaiting trial and 25 were convicted, died in jail custody. Former detainees reported some inmates who died in prison were transported to a hospital and pronounced dead due to natural causes.

Physical Conditions: According to the Department of Prisons, as of April more than 83,837 prisoners were held in facilities designed to hold 42,450 inmates. Throughout the COVID-19 pandemic, federal authorities implemented a policy that required prison authorities to screen all incoming inmates for symptoms and keep them in a 14-day quarantine. Other protocols in place included mandating face masks, discontinuing family visits in exchange for weekly telephone calls, providing access to hand sanitizers, and other measures. Prison superintendents stated they had no capacity to isolate inmates infected by COVID-19. As of June 22, the government opened three COVID-19 isolation centers in the districts of Keraniganj, Feni, and Kishoreganj. Some released prisoners alleged that many prisons underreported positive cases of COVID-19. Authorities often incarcerated pretrial detainees with convicted prisoners.

The Department of Prisons’ statistics revealed 29 of 141 positions for prison doctors were vacant as of April, while half the posts for nurses and pharmacists were unoccupied. Officials reported only approximately 11 prison doctors provided care to the 83,837 inmates, causing prison authorities to employ nurses or pharmacists to provide medical care.

Conditions in prisons, and often within the same prison complex, varied widely. Authorities held some prisoners in areas subject to high temperatures, poor ventilation, and overcrowding. The law allows individuals whom prison officials designated as “very important persons” (VIP) to access “Division A” prison facilities with improved living conditions and food, more frequent family visitation rights, and the provision of another prisoner without VIP status to serve as an aide in the cell. News outlets reported some individuals with VIP access were allegedly allowed to conduct business remotely, meet with members of the opposite sex, and receive visitors despite restrictions in place to curb the pandemic.

While the law requires holding juveniles separately from adults, authorities incarcerated many juveniles alongside adults. Children were sometimes imprisoned (occasionally with their mothers) despite laws and court decisions prohibiting the imprisonment of minors. Authorities held female prisoners separately from men.

In March media reported at least five children at the Jashore Juvenile Correction Center allegedly attempted suicide, and eight others fled. In April media reported that between April 15-22, juvenile courts granted bail to a total of 167 incarcerated children to curb the spread of the pandemic.

In July media reported three male youths died in Jashore after allegedly conducting protests demanding, among other matters, better quality of food, water, and sports facilities. In response the deputy commissioner of Jashore formed a committee to investigate the grievances and identify improvements to facility services. Officials at the correction center stated the boys were killed in a fight with other inmates; however, days after the incident, the Bangladesh National Women Lawyers Association reported allegations of torture in the correction center and demanded a separate judicial inquiry into the deaths. In September 2020, after the deaths of three male youths at the same correction center in August 2020, the Ministry of Social Welfare recommended management changes for all juvenile correction centers. A journalist reported the government took no steps in line with the ministry’s recommendations as of March. Media reported juvenile centers made no effort to rehabilitate youths in custody, had appointed officials not trained to handle juvenile delinquency, and treated the youths as criminals as opposed to juveniles with special needs.

On August 4, media reported an appeals court acquitted two minors jailed for a month by a mobile court in Netrokona. The appeals court ruled the mobile court had no jurisdiction to deal with juvenile crimes.

Although Dhaka’s central jail had facilities for those with mental disabilities, not all detention facilities had such facilities, nor are they required by law. Judges may reduce punishments for prisoners with disabilities on humanitarian grounds. Jailers also may make special arrangements, for example, by transferring inmates with disabilities to a prison hospital.

Administration: Prisons lacked any formal process for offenders to submit grievances. Prisons had no ombudsperson to receive prisoner complaints. Retraining and rehabilitation programs were extremely limited.

Barbados

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding adult prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns regarding physical conditions or inmate abuse in adult prisons and detention centers.

Administration: Two agencies, the Office of the Ombudsman and the Prison Advisory Board, investigated credible allegations of mistreatment. The superintendent of prisons stated no mistreatment reports were submitted during the year.

Independent Monitoring: Human rights organizations may request access to monitor prison conditions; however, the superintendent of prisons reported that no visit requests were received during the year.

Belarus

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. Nevertheless, the Committee for State Security (KGB), riot police, and other security forces, without identification and wearing street clothes and masks, regularly used excessive force against detainees and protesters. Security forces also reportedly mistreated individuals during investigations. Police regularly beat and tortured persons during detentions and arrests. According to human rights nongovernmental organizations (NGOs) and former prisoners, prison authorities abused prisoners. In a November 19 interview with the BBC, Lukashenka admitted protesters were beaten in the Akrestsina detention center. Human rights groups reported abuses in police custody continued during the year, including severe beatings, psychological humiliation, efforts to exhaust detainees mentally, removal of hearing devices from hard-of-hearing individuals, and forcing detainees to undress to humiliate them.

On February 3, a Minsk district court sentenced five individuals, including Artsiom Anishchuk, to six years in prison on charges of malicious hooliganism for allegedly damaging a car in September 2020 that belonged to the spouse of a Ministry of Internal Affairs officer. Anishchuk was originally detained in September 2020. Human rights groups reported all defendants were beaten, and one of the detainees stated they were shocked with an electric stun gun approximately 40 times at the time of detention. According to independent observers, there was credible evidence that security officers, not the defendants, damaged the car. Anishchuk’s spouse told the press Anishchuk was repeatedly tortured and beaten in jail beginning in April, especially after he filed complaints and reported the abuses. In June Anishchuk’s spouse said Anishchuk had suffered violent treatment in detention and during repeated stays in an isolation cell. In response, authorities further restricted his freedom by reducing access to his lawyer, family members, correspondence, walks and exercise, and parcels. According to Anishchuk’s spouse, Anishchuk’s treatment was retaliatory in nature, as the head of the Mahilyou prison where Anishchuk was serving his sentence was reportedly a friend of the officer and spouse whose car was allegedly damaged in 2020.

On March 18, Ministry of Internal Affairs officers stopped Volha Zalatar as she was driving one of her five children to music school. Officers took her home, conducted a search, and detained her, citing the reason as her “active protest activity.” Authorities claimed she was the administrator of a local opposition chat group and organizer of “unauthorized” mass events. On March 29, Zalatar was charged with “creating an extremist formation or leading such a formation.” According to human rights observers, Zalatar was reportedly tortured in detention and forced to provide evidence against herself. She claimed police physically and verbally pressured her into revealing passwords for her cell phone and encrypted Telegram messaging application. Zalatar claimed police beat her on the head, strangled her, laid her on the ground, and pressed her to the floor. Zalatar reported the beatings at the first interrogation, but the investigator ignored the report, and she was not examined by a forensic examiner to record the injuries. Zalatar’s trial began on November 15.

As of year’s end, there was no indication that authorities had investigated or taken action against officers involved in abuses following the August 2020 election. According to documented witness reports, in August 2020 security officers physically abused the majority of the approximately 6,700 persons detained during postelection civil unrest inside detention vehicles, police stations, and detention facilities across the country. The human rights NGO Vyasna documented more than 500 cases of torture and other severe abuse committed in police custody against postelection protest participants and independent election observers, opposition leaders, civil society activists, and average citizens. Among the unpunished abuses by authorities documented after the August 2020 election were severe beatings; psychological humiliation; the use of stress positions; at least one reported case of rape and sexual abuse; use of electric shock devices and tear gas; and up to three days intentional deprivation of food, drinking water, hygiene products, the use of toilets, sleep, and medical assistance.

Impunity was a serious problem in the security forces. For example, as of year’s end, there was no indication that authorities had investigated or taken action against any officer involved in the alleged abuse or torture of persons detained during the popular unrest that followed the August 2020 election.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor and in many cases posed threats to life and health.

Physical Conditions: According to former prison inmates and human rights lawyers, there continued to be shortages of food, medicine, warm clothing, personal hygiene products, and bedding as well as inadequate access to basic or emergency medical care and clean drinking water. Inmates reported that prison officials deliberately denied access to food, water, hygiene products, and necessary medical care, sometimes for several days, as a form of retribution. Overall sanitation was poor. Authorities made little effort to prevent the spread of the COVID-19 pandemic in prisons, but at the same time they used COVID-19 as a pretext to restrict access to visitors and distribution of food, hygiene, and clothing parcels.

Although there were isolated allegations that police placed underage suspects in pretrial detention facility cells with adult suspects and convicts, authorities generally held juvenile prisoners separately from adults at juvenile penal colonies, arrest houses, and pretrial holding facilities. Conditions for female and juvenile prisoners were generally better than for adult male prisoners.

Observers believed tuberculosis, pneumonia, HIV, AIDS, COVID-19, and other communicable diseases were widespread in prisons because of generally poor medical care. Former detainees reported that individuals with COVID-19 symptoms were rarely isolated and did not receive proper medical assistance. In September a political detainee serving a 15-day sentence contracted COVID-19 but was not given appropriate treatment. After her condition deteriorated severely, she was moved to a hospital but died, reportedly from a lack of immediate care.

Corruption in prisons was a serious problem, and observers noted that parole often depended on bribes to prison personnel. Parole could also depend on a prisoner’s political views.

Individuals detained for political reasons prior to the August 2020 election or during the subsequent protests and during the year appeared to face worse prison conditions than those of the general prison population, including more reports of torture and severe abuses.

In Minsk individuals who received up to 30-day jail sentences in July and August on charges widely viewed by observers as politically motivated reported that prison conditions were designed to punish those who had sought to express their political views freely. This included routinely forcing 30 individuals into cells designed for five individuals, although nearby cells were empty. Former detainees told independent media that while nonpolitical inmates were allowed short walks and showers, political inmates were intentionally deprived of mattresses, food parcels from families, drinking water, ventilation, or sanitation, and rats and other vermin were common. One male inmate told independent press that he and a number of his cellmates were kept in an outside area designated for short walks all night long in the mud and rain.

In mid-November authorities converted a state-run logistics warehouse in Bruzgi (near the Polish border) into a shelter for migrants and asylum seekers. At its maximum, 1,833 migrants were held there. Authorities allowed humanitarian organizations, including the Office of the UN High Commissioner for Refugees (UNHCR), the International Organization for Migration, and media to visit the center on a limited basis. International humanitarian organizations stated the shelter was overcrowded, cold, and lacked adequate health and sanitation facilities for the number of persons held there, noting a lack of adequate hygienic measures to prevent the spread of COVID-19. The shelter had only eight biotoilets, not separated by gender, and no shower facilities. Migrants slept on wood pallets on a cement floor. Authorities established a medical clinic at the shelter on November 29.

Administration: Former prisoners and their defense lawyers reported that prison officials often censored or did not forward their complaints to higher authorities and that prison administrators either ignored or selectively considered requests for investigation of alleged abuses. Prisoners also reported that prison administrators frequently refused to provide them with copies of responses to their complaints, which further complicated their defense. Complaints could result in retaliation against prisoners, including humiliation, death threats, or other forms of punishment and harassment. Former prisoners claimed some prison administrators’ repeated harassment resulted in suicides, which authorities neither investigated nor made public.

Prisoners and detainees had limited access to visitors, and meetings with families were denied for political detainees or as a common punishment for alleged disciplinary violations. In 2020 authorities restricted visits to all detainees in a reported attempt to limit the spread of COVID-19 in facilities but removed the general restriction on visits on June 30.

Authorities generally prevented prisoners from holding religious services and performing ceremonies that did not comply with prison regulations, despite legal provisions for such practice. Belarusian Orthodox churches were located at a number of prison facilities, and Orthodox clergy were generally allowed access to conduct services.

Independent Monitoring: Despite numerous requests to the Ministry of Internal Affairs, government officials refused to approve requests from NGOs to visit detention and prison facilities and speak with the inmates. The government did not cooperate with international monitoring bodies. Authorities worked to minimize observation of detention conditions by independent observers, hindering the verification of conditions which former political prisoners reported as purposefully decrepit and designed to punish individuals for their political dissent.

Belgium

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were some reports, however, that prison staff physically mistreated prisoners.

Nongovernmental organizations (NGOs) alleged excessive use of force by police, noting that it had increased during the COVID-19 pandemic. In April Amnesty International delivered a report to parliament denouncing “violations of the human rights of detainees” in connection with the problem. In August the UN Committee against Torture issued a report condemning widespread mistreatment and excessive use of force by police. The report also expressed concern regarding the excessive use of weapons, such as tear gas, batons, and water cannons, to disperse crowds protesting COVID-19 restrictions in April and May.

Impunity in the security forces was not a significant problem.

Prison and Detention Center Conditions

Prison and detention center conditions did not always meet international standards. Prison conditions, especially during the COVID-19 pandemic, presented health risks due to overcrowding, hygiene problems, inadequate physical activity, and lack of access to materials and medical care.

Physical Conditions: Prison overcrowding remained a problem. As of June 2020, there were 10,363 inmates in prisons that had a maximum capacity of 9,600.

In an April report on the human rights situation in 149 countries, Amnesty International criticized the COVID-19 situation in Belgian prisons.

On April 6, the European Court of Human Rights (ECHR) held that the country had violated the European Convention on Human Rights for holding mentally ill persons in prison rather than in psychiatric institutions. The ECHR issued the ruling following a complaint filed by five inmates who were found to lack criminal responsibility for their actions due to mental illness but were held in the psychiatric wings of prisons without access to appropriate therapy. The ECHR previously ruled against the country for the same abuse in 2012, 2016, and 2019. As of 2019 there were 537 mentally ill inmates in prison.

In August the UN Committee against Torture issued a report reiterating concerns about prison conditions, including overcrowding and the dilapidated state of prison facilities.

Administration: Authorities conducted investigations of credible allegations of mistreatment. The federal mediator acts as an ombudsman, allowing any citizen to address problems with prison administration. The federal mediator is an independent entity appointed by the Chamber of Representatives to investigate and resolve problems between citizens and public institutions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, among them several domestic committees.

Belize

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture or other inhuman punishment, but there were reports of abuse and use of excessive force by law enforcement agents. During the first half of the year, 25 percent of the complaints received by the Office of the Ombudsman were filed against police for abuse of power, harassment, and brutality. The ombudsman also received complaints against the central prison for allegations of inhuman treatment.

In January police constable Edgar Teul was charged for sexually assaulting a 19-year-old woman who went to the Succotz police station to sign bail documents for the release of her common-law husband. The woman reported that while she waited to sign the bail documents, Teul sexually assaulted her three times. Teul was criminally charged and subsequently dismissed from the BPD following an internal investigation.

Through the end of August, the BPD Professional Standards Branch, the internal investigative unit of the police department, registered 105 complaints against members of the BPD and concluded 60 investigations with recommendations. Through June the BPD dismissed 14 officers after internal tribunals found them guilty of offenses which ranged from excessive absence to drug trafficking and abuse.

Prison and Detention Center Conditions

There were reports of harsh conditions in the central prison and police detention center due to inadequate sanitation.

Physical Conditions: The Kolbe Foundation, a local Christian nonprofit organization, administered the country’s only prison, which held men, women, and juveniles. The government retained oversight and monitoring responsibility and provided funding.

In February amateur video showed inhuman treatment of prisoners by guards at the central prison. The video showed guards spraying pepper spray directly in the faces of handcuffed prisoners, guards forcing an inmate to ingest large quantities of water until the inmate vomited, and a paralyzed inmate suffering from bedsores. An anonymous letter directed to the HRCB listed other human rights violations at the prison, including inmates being fed stale or spoiled food. The chief executive officer of the prison, Virgillo Murrillo, told the press that the mistreatment featured in the video did not occur at the prison, and that the inmate with bedsores received treatment and assistance from an NGO. The HRCB categorized the incidents as “atrocious inhumane acts” and called on the minister of home affairs to appoint visiting justices to the central prison as mandated by law.

Prisoners in pretrial detention and held for immigration offenses continued to be held with convicted prisoners. Officials used isolation in a small, poorly ventilated punishment cell to discipline inmates.

Administration: Authorities investigated credible allegations of mistreatment. Relatives of inmates claimed that prison authorities were occasionally reluctant to provide information about family members in prison and did not allow direct communication with the imprisoned relative.

Independent Monitoring: The prison administrator generally permitted visits from independent human rights observers. Due to COVID-19 pandemic restrictions, the HRCB was unable to carry out inspections of police detention cells and the central prison. The HRCB, however, met with inmates who requested assistance and guidance with the legal process.

Benin

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but such incidents continued to occur.

The penal code prohibits torture and cruel, inhuman, or degrading treatment or punishment. There were numerous reported abuses similar to the following example. On April 1, the Constitutional Court ruled that a plainclothes police officer violated the constitution in October 2020 by arbitrarily arresting, brutally beating, and confining two individuals; they were handcuffed, forced to stand, and deprived of food and water for 28 hours. The ruling stated the arrest was arbitrary and that treatment of the detainees was humiliating and degrading.

According to the Conduct in UN Field Missions web platform, there was one allegation submitted during the year of sexual exploitation and abuse by Beninese peacekeepers deployed to the UN Organization Stabilization Mission in the Democratic Republic of the Congo. There were also four open allegations from prior years of sexual exploitation and abuse by Beninese peacekeepers deployed to UN peacekeeping missions, including one each from 2020, 2019, 2018, and 2016. As of September 10, the government had yet to report on any accountability measures taken in the four cases. All four cases involved accusations of exploitative relationships with adults.

Authorities sometimes held police accountable for misconduct for corruption-related crimes, but impunity remained a problem. The Inspectorate General of the Republican Police Investigation Division is responsible for investigating serious cases involving police personnel. The government provided some human rights training to security forces, often with foreign or international donor funding and assistance.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to overcrowding, unsanitary conditions, and inadequate medical care and food. The nongovernmental organization (NGO) Social Change Benin stated prisoners suffered poor treatment and confinement to overcrowded cells.

Physical Conditions: According to the Benin Bar Association, conditions in the country’s three prisons and eight jails were inhuman due to overcrowding, malnutrition, and poor sanitation. The 11 facilities held approximately 9,000 inmates, significantly exceeding a capacity of 5,620 inmates. Convicted criminals, pretrial detainees, and juveniles were often held together. There were deaths due to lack of medical care, neglect, and poor ventilation in cramped and overcrowded cells. Prisoners with mental disabilities lacked access to appropriate disability-related support.

On March 17 and June 22 respectively, the defense attorneys of opposition politicians and presidential aspirants Reckya Madougou and Joel Aivo, detained in March and April and charged with financing terrorism (Madougou) and money laundering (Aivo), accused Cotonou and Akpro-Misserete prison officials of subjecting the opposition leaders to harsh conditions. Media reported Aivo contracted COVID-19 while in prison due to being confined in a cell with 38 other inmates. Madougou’s attorneys claimed that she experienced weight loss, psychological distress, and respiratory problems due to filthy prison conditions.

Authorities reported two deaths in Akpro-Misserete prison due to COVID-19; a human rights group stated that prison conditions contributed to contraction of COVID-19 and their deaths. On August 3, the president pardoned 203 prisoners charged with minor criminal offenses or misdemeanors to reduce overcrowding.

Administration: Authorities conducted investigations of alleged mistreatment upon instruction by the Beninese Human Rights Commission. Prison authorities reduced visitor access due to the COVID-19 pandemic during the year. According to NGO reports, prison officials sometimes charged visitors a fee that was substantial for the average person.

Independent Monitoring: Beginning in July the government resumed permitting prison visits by human rights monitors suspended as a COVID-19 pandemic precautionary measure. Representatives of Amnesty International, Social Change Benin, and the Beninese Human Rights Commission (an independent government entity) visited prisons. Nonetheless, some NGOs complained that unannounced prison visits were not permitted due to COVID-19 pandemic mitigation measures.

Improvements: During the year the Beninese Prison Agency improved prisoner access to government health-care services by covering expenses related to the admission of prisoners in government hospitals.

Bhutan

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed such practices.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Police administer the prison system. Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers; however, due to the COVID-19 pandemic, there were no monitoring visits during the year.

Bolivia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits all forms of torture, coercion, and physical and emotional violence, but there were reports that government officials employed them. The penal code carries only minimum penalties for persons convicted of torture, but no public official had ever been found guilty of the crime.

NGOs charged that the Ministry of Justice failed to denounce torture by police and military personnel, who employed it frequently, according to Ombudswoman Nadia Cruz. NGOs reported that police investigations relied heavily on torture to procure information and extract confessions. Most abuses reportedly occurred while officials were transferring detainees to police facilities or holding persons in detention. According to reports from NGOs engaged with prison populations, the most common forms of torture for detainees included rape, gang rape by guards, sensory deprivation, use of improvised tear gas chambers, tasers, asphyxiation, verbal abuse, and threats of violence.

On July 21, authorities arrested Mario Bascope, a member of the Cochala Youth Resistance group, on charges of criminal association, destruction of state property, and illegal possession of weapons related to protests held in October 2020 outside Attorney General Lanchipa’s office in Sucre. Bascope claimed police badly beat him when he was arrested. A medical board reported that Bascope’s injuries required hospitalization and that he was unfit to attend trial. Nonetheless, he was taken to court. At his arraignment Bascope testified, “I have had blows to the head, I have not eaten for seven days, I have not had any water. What is happening to me is inhuman.” Ombudswoman Nadia Cruz demanded that due process be respected in Bascope’s case, and she called for a full investigation into “the allegations of mistreatment and possible torture.” The Justice Ministry denied any wrongdoing. Ministry of Justice vice minister Nelson Cox declared Bascope’s guilt was “proven” prior to a judge sentencing Bascope on October 27 to 10 years in prison for trafficking in controlled substances in a separate case.

Within the military, torture and mistreatment occurred both to punish and to intimidate trainees into submission. Military officials regularly verbally abused soldiers for minor infractions and perceived disobedience. The Ombudsman’s Office reported 45 cases of human rights abuses in the military between January 2020 and June 2021, most of them against trainees. The cases entailed complaints of torture and cruel and degrading treatment and led to the deaths of at least two soldiers. There were no convictions in any of these cases.

In one example, on June 30, navy conscript Mauricio Apaza died after being subjected to a series of physical exercises and mistreatment as punishment for escaping from his garrison in Pando. Prosecutors pledged they would seek homicide charges against the alleged perpetrators. On July 7, Ensign Pedro (last name withheld) was arrested and charged with homicide in Apaza’s case. A judge ordered Pedro held in prison while the homicide investigation continued.

Police impunity remained a significant problem due to corruption and politicization of the judicial system. Mechanisms to investigate abuse were rarely utilized or enforced. Complex legal procedures, large numbers of detainees, judicial inefficiency, executive interference, corruption, and inadequate case-tracking mechanisms contributed to police impunity. Investigations frequently were not completed due to payoffs to investigators from the parties being investigated.

Prison and Detention Center Conditions

Prisons were overcrowded, underfunded, and in poor condition, resulting in harsh and life-threatening conditions. Violence was pervasive due to inadequate internal security.

Physical Conditions: According to the government’s penitentiary agency, prison facilities had a combined capacity for 6,765 persons, but in September the prison population was 17,833 inmates, more than two and one-half times capacity. The problem was most acute in the 20 urban prisons, which in 2020 had a combined design capacity of 5,436 persons but held 15,581 inmates.

Women’s prisons operated in Cochabamba, two in La Paz, and one each in Reyes, Rurrenabaque, Santa Rosa, and Trinidad. Men and women shared sleeping facilities in Morros Blancos Prison in Tarija, Montero Prison in Santa Cruz, Riberalta Prison in Beni, and Oruro Prison in Oruro. In other facilities men and women had separate sleeping quarters but commingled daily. Female inmates experienced sexual harassment and assault on a regular basis, and some were forced to pay extortion fees to avoid being raped. Observers noted rampant rape and other forms of gender-based violence and a culture of silence that suppressed reporting gender-based violence due to fear of retaliation.

The law permits children younger than age six to live with an incarcerated mother (but not an incarcerated father) under “safe and regulated conditions.” Older children sometimes resided in detention centers with incarcerated mothers, despite unsafe conditions, often because the parents lacked viable alternative living arrangements due to poverty or family constraints.

The law sets juvenile detention ages from 14 to 16 and requires that juvenile offenders be held in facilities separate from the general prison population to facilitate rehabilitation; however, many prisoners remained in juvenile facilities long after they reached adulthood. Childrenyounger than age 14 are exempt from criminal liability but may be subject to civil liability. Children who are 17 may be tried as adults. Adult inmates and police reportedly abused juvenile prisoners. Rehabilitation programs for juveniles or other prisoners were scarce.

Violence in prisons and detention centers was ubiquitous due to inadequate internal security. Abuses perpetrated by penitentiary officials included systematic intimidation, rape, psychological mistreatment, extortion, torture, and threats of death. There were reports of rape and sexual assault committed by authorities and by other inmates.

One medical doctor attended to prisoners in each prison twice a month. Although medical services were free, prisons rarely had medications on hand. Skin diseases and tuberculosis were widespread due to the cramped sleeping quarters and lack of medicine. Incarcerated pregnant women lacked access to obstetric services.

Corruption was pervasive. Prisoners could purchase a transfer to the rehabilitation center, a newly built detention facility with better living conditions. A prisoner’s ability to pay bribes often determined physical security, cell size, visiting privileges, ability to attend court hearings, day-pass eligibility, and place and length of confinement. Inmates and NGOs both alleged there was an insufficient number of police to escort inmates to their hearings. Prison directors often did not take action to ensure that inmates attended their hearings, exacerbating delays. Police sometimes demanded bribes in exchange for granting inmates the right to attend their own hearings. Independent media reported corruption complaints against police were common. Prison inmates stated guards extorted money in order to let inmates receive goods.

(For information on former president Jeanine Anez, see section 1.d., Arbitrary Arrest.)

Administration: Authorities generally did not investigate credible allegations of mistreatment. According to the UN Office on Drugs and Crime, prisoners could submit complaints to a commission of district judges for investigation, but due to fear of retaliation by prison authorities, inmates frequently did not do so.

Independent Monitoring: The government generally permitted monitoring by independent observers such as the International Committee of the Red Cross, local NGOs, judges, religious organizations, legislators, and media. The COVID-19 pandemic greatly restricted independent monitoring of prison conditions. Observers reported a nearly complete ban on outside monitors visiting prisons from March 2020 to March 2021. The lawyers of incarcerated defendants were often unable to visit in person. Criminal justice activists also pointed to the lack of any law related to public access to information regarding the prison system and stated the lack of transparency and opacity in the judicial branch increased during the COVID-19 pandemic.

Bosnia and Herzegovina

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. While there were no internal reports that government officials employed such measures, there were no concrete indications that security forces had ended the practice of severely mistreating detainees and prisoners reported in previous years.

On September 14, the Council of Europe’s Committee for the Prevention of Torture (CPT) released findings from its 2019 visit to the country in which it reported receiving numerous allegations of physical and psychological mistreatment, including of a severity which, in the CPT’s view, amounted to torture. The reported mistreatment consisted of falaka (beating the soles of the feet), rape with a baton, and mock execution with a gun of detained persons by law enforcement officials. The CPT also received allegations of police officers inflicting kicks, punches, slaps, and blows with batons (as well as with nonstandard objects such as baseball bats, wooden tiles, and electrical cables) on detainees. The CPT stated the mistreatment was apparently inflicted by crime inspectors with the intention of coercing suspects to confess as well as by members of special intervention units at the time of the apprehension of criminal suspects. The CPT found the situation in the Republika Srpska (RS) to have improved considerably since its visits in 2012 and 2015, although the CPT received a few allegations of physical and psychological mistreatment of criminal suspects by police officers, notably in rural areas. The CPT report stated that the high number of credible allegations of police mistreatment, particularly by members of the Sarajevo Cantonal Police, was a source of “deep concern” for the CPT.

The country has not designated an institution as its national mechanism for the prevention of torture and mistreatment of detainees and prisoners, in accordance with the Optional Protocol to the UN Convention against Torture. In 2019 the Institution of Human Rights Ombudsman in BiH (Ombudsman Institution) received 129 complaints by prisoners regarding prisoner treatment in detention and prison facilities. The number of complaints fell by 10 percent compared with 2018; most of the complaints concerned health care, denial of out-of-prison benefits, transfer to other institutions, use of parole, and conditions in prison and detention facilities. A smaller number of complaints referred to misconduct by staff or violence by other prisoners.

Impunity was a significant problem in the security forces. The September 14 CPT report stated that investigations into alleged police mistreatment “cannot be considered effective, as they are not carried out promptly or thoroughly and neither can they considered to be impartial and independent.” The report was critical of the internal control unit of the Sarajevo Cantonal Police and of the role of prosecutors who, in several cases examined by the CPT, had delegated all investigative acts to police inspectors from the same unit as the alleged perpetrators of the mistreatment.

Prison and Detention Center Conditions

Physical and sanitary conditions in the country’s prisons and detention facilities varied depending on location; some met the need for accommodation of prisoners and detainees, while others did not.

Physical Conditions: In its September 14 report, the CPT stated that conditions were acceptable in police detention facilities in Banja Luka and Sarajevo but unacceptable in Mostar (poor daylight and ventilation in cells, inadequate conditions for rest, and small beds for overnight stays). The CPT criticized RS police for holding detainees in the offices of police criminal inspectors, especially in Banja Luka. The CPT reported that conditions in Sarajevo prison had improved since the appointment of a new director in 2017 but that poor ventilation and sanitary installations continued to present a problem. In Mostar, the CPT reported some improvements, including painting the walls, installation of video surveillance, and installation of air conditioning in the cells. Maintenance of the prison and especially hygiene and ventilation in the prison were substandard. The report found that material and hygienic conditions generally improved in medical units of the Sarajevo prison detention unit and in Mostar prison.

Health care was one of the main complaints by prisoners. Not all prisons had comprehensive health-care facilities with full-time health-care providers. In such instances, the institutions contracted part-time practitioners who were obligated to regularly visit institutions and provide services. Prisons in Zenica, Tuzla, Sarajevo, East Sarajevo, Foca, and Banja Luka employed full time doctors. There were no prison facilities suitable for prisoners with physical disabilities. In some instances, prisoners in need of expensive and more complex medical services faced problems obtaining such services due to limited budgets of the institutions. The CPT report found there is no coherent approach to prisoners who were drug addicts. For example in Sarajevo, only prisoners who were already prescribed substitute therapy before entering the prison were able to continue with the therapy. In Mostar and RS prisons, such treatment would stop when inmates started serving their prison term.

Administration: In its September 14 report, the CPT stated that investigations by authorities into allegation of police mistreatment “cannot be considered effective… and neither can they [be] considered to be impartial and independent” (see Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, above, for details).

Units in both entities and the Brcko District had internal units for professional standards, which were under direct supervision of the district, cantonal, or entity police units to which citizens can report cases of mistreatment or abuse of persons deprived of liberty. Only a small number of reported allegations of police brutality were judged to be justified by police authorities and then processed. For example, only two of 20 allegations of police brutality in Sarajevo Canton in 2019 were deemed justified, and only one of the two was forwarded to a prosecutor for further investigation.

The country’s prison system was not fully harmonized nor in full compliance with European standards. Jurisdiction for the execution of sanctions was divided between the state, entities, and Brcko District. Consequently, in some instances different legal regulations governed the same area, often resulting in unequal treatment of convicted persons, depending on the prison establishment or the entity in which they served their sentence.

Independent Monitoring: The government permitted independent human rights observers to visit and gave international community representatives widespread and unhindered access to detention facilities and prisoners. The International Committee of the Red Cross, the CPT, the Ombudsman Institution, and other nongovernmental organizations (NGOs) continued to have access to prison and detention facilities under the jurisdiction of the ministries of justice at both the state and entity levels. In 2019 the CPT visited prisons and detention facilities, including psychiatric institutions, and provided its findings to the BiH government.

Botswana

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and unlike in years prior to 2019, there were no reports of government officials employing such tactics. Some laws prescribe corporal punishment for convicted offenders in both criminal and customary courts. Human rights groups viewed these provisions as cruel and degrading; the Court of Appeals ruled these provisions do not violate the constitution’s provisions on torture or inhuman treatment.

On September 7, police used force to disperse protesters outside a Gaborone police station where a pastor was held on charges of holding a political demonstration without a permit (see section 2.g., Freedom of Peaceful Assembly). Officers used whips to break up the peaceful group. Press photos showed persons with deep bruises and cuts, reportedly resulting from police actions. There was no evidence police investigated the uses of force.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

Prison and detention center conditions generally met international standards.

Physical Conditions: Authorities occasionally held juveniles with adults, generally for a few days while the juveniles awaited transport.

After a fire damaged Francistown Prison during the year, some prisoners were held in the Francistown Center for Illegal Immigrants (FCII), which is a dedicated facility for detaining migrants and processing asylum and other immigration claims made by individuals who entered the country illegally; the prisoners were kept in separate areas from asylum seekers and migrants. In previous years journalists reported allegations of authorities abusing asylum seekers in the FCII, but there were no reports of such abuses during the year. There were no significant reports regarding conditions at other prisons that raised human rights concerns.

Administration: Authorities investigated credible allegations of inhuman conditions brought by inmates against prison officials and took disciplinary or judicial action against persons responsible for abuses. The law requires the minister of defense, justice, and security to appoint a committee to visit prisons on a quarterly basis and allows religious authorities to visit with prisoners. The government enforced this law. Prisoners in general may also attend religious services.

Independent Monitoring: The government generally allowed international and local nongovernmental organizations (NGOs) to meet with prisoners and permitted independent human rights observers to visit prisons. The International Committee of the Red Cross visited prisons. Representatives of diplomatic missions were also allowed access to the FCII.

Brazil

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits torture and inhuman or degrading treatment, but there were reports government officials sometimes employed such practices. The law mandates that special police courts exercise jurisdiction over state military police except those charged with “willful crimes against life,” primarily homicide. Police personnel often were responsible for investigating charges of torture and excessive force carried out by fellow officers. Delays in the special military police courts allowed many cases to expire due to statutes of limitations.

According to the National Council of the Public Ministry, in 2019 there were 2,676 cases of guards and other personnel inflicting bodily harm on prisoners compared with 3,261 cases in 2018.

In June the Inter-American Commission on Human Rights (IACHR) denounced the government for physical, verbal, and psychological aggressions committed against more than 150 adolescents at state-funded Fundacao Casa, a socioeducational center for adolescents in Sao Paulo, between 2015 and 2017. The Sao Paulo Public Defender’s Office made the complaint to the commission because the government “failed to ascertain responsibilities and compensate the victims,” according to a petition sent by the institution to the IACHR. The petition’s documentation, including testimonies and photographs of injuries, narrated recurrent aggressions and torture carried out by employees against the students during the period. The alleged abuses included beatings, intimidation by employees, and isolation without mattresses or personal belongings, with the participation and consent of unit authorities, such as directors and supervisors. The Public Defender’s Office insisted that the remedial actions taken by Fundacao Casa and the state of Sao Paulo, responsible for the guardianship of assisted minors, were not sufficient.

In the city of Rio de Janeiro, six men arrested during a police operation conducted in the Jacarezinho neighborhood on May 6 reported they suffered numerous aggressions and physical assaults following their arrest. The claims included having been tortured, beaten, hit in the head with a rifle, and forced to carry bodies to a police armored vehicle at the Jacarezinho crime scene immediately following the confrontation.

In June a military prosecutor denounced two police officers to the military court in Sao Paulo, Joao Paulo Servato and Ricardo de Morais Lopes, from the 50th Sao Paulo Metropolitan Military Police Battalion, who were filmed in May 2020 holding a Black woman to the ground by stepping on her neck. The woman sustained a fractured leg injury during the incident. The two officers were accused of abuse of authority, aggravated aggression, and ideological falsehood and remained on administrative duties. As of August 1, a trial date had not been set.

On July 29, the Sao Paulo First Criminal Court accepted the case of the Public Prosecutor’s Office against 12 military police officers on charges of intentional homicide of nine young persons during a street music event in the favela of Paraisopolis in 2019.

According to the Military Police Internal Affairs Unit, the inquiry had not been completed in the case of a Rio de Janeiro State military police officer accused of rape in August 2020. As of August the defendant was on administrative duty and awaiting trial.

On June 8, a military court convicted one military police officer of conducting a libidinous act in a military environment and acquitted a second police officer on 2019 charges of rape in Praia Grande, Sao Paulo. Judge Ronaldo Roth of the First Military Audit judged the act was consensual because the victim did not resist. The judge suspended the convicted police officer’s sentence, up to one year in prison. As of September, however, the Public Ministry of Sao Paulo opened an investigation into the friendship between Judge Roth and one of the defendant’s lawyers, Jose Miguel da Silva Junior.

In March 2020 the Military Prosecutor’s Office opened an investigation into the 2018 accusations of torture of seven male residents of Rio de Janeiro by federal military officers from Vila Militar’s First Army Division, detained during a 2018 drug-trafficking operation. By March 2020 all seven men had been released after one year and four months in detention. In November 2020 the Military Justice Court in Rio reinstated its ruling to detain the seven men following an appeal by the Military Public Prosecutor’s Office. In response to the claims of torture, the court affirmed there was not sufficient evidence to prove that the military officials had tortured the seven men. According to the Rio de Janeiro Public Defender’s Office, as of October none of the military officers involved in the alleged torture of the seven men had been charged or indicted.

Cruel, inhuman, or degrading treatment of prisoners continued. At the request of the Federal District and Territories Public Prosecutor’s Office, three prison police officers stationed in Brasilia’s Papuda Penitentiary Complex were preventively removed by the Criminal Execution Court on charges of beating two prisoners incarcerated in the Federal District I Prison. The officers also shot detainees inside a cell using a shotgun loaded with rubber bullets. The two events, recorded by security cameras, occurred on April 16. The case was being investigated by the Center for Control and Inspection of the Prison System of the Public Prosecutor’s Office.

In July the Military Police carried out Operation Bronze Bull in Belo Horizonte and four other cities to execute 26 search and seizure warrants against 14 police officers to assist in the Public Ministry of Minas Gerais’ investigation into crimes of torture against prisoners at the Nelson Hungary Penitentiary in Minas Gerais in July 2020. The investigation was classified as secret, so few details were publicly available.

The state of Paraiba was ordered to pay 50,000 reais (R$) ($8,950) in compensation for moral damages in the death of an inmate inside the state prison, a victim of violence by other inmates in 2008. The conviction also provided for a monthly pension in the amount of two-thirds of the minimum wage for material damages until the date the deceased would have turned 65 years old and until the date each immediate descendant turned 21.

Impunity and a lack of accountability for security forces at all levels, but especially at the local level, was a problem, and an inefficient judicial process at times delayed justice for perpetrators as well as for victims. Examples of impunity were found in the armed forces and Federal police forces but were most common in the Military Police and Civil Police. Low pay, and the resulting endemic corruption, established an environment where individuals were not consistently held accountable. Furthermore, the overburdened judicial system limited the application of justice and encouraged corruption. The federal and state public ministries, as well as ombudsmen and ethics centers, investigated accusations of impunity. Human rights are included in security forces’ training curricula.

Prison and Detention Center Conditions

Conditions in many prisons were poor and sometimes life threatening, mainly due to overcrowding. Abuse by prison guards continued, and poor working conditions and low pay for prison guards encouraged corruption.

Physical Conditions: According to the National Penitentiary Department, as of 2020 there were 213,022 more prisoners than the system had space to hold, causing overcrowding across the country. Although some states were more overburdened than others, during the year nationally the system was 54.9 percent over capacity, a decrease from the 67.5 percent recorded in 2020. The states of Amazonas and Mato Grosso do Sul experienced the worst overcrowding at 196 and 166 percent, respectively. During 2020, 17,141 additional places were added to increase inmate capacity. Much of the overcrowding was due to the imprisonment of pretrial detainees. According to the news portal G1 in January, 217,687 inmates, or 31.9 percent of detainees, were awaiting trial, a small increase from 31.2 percent in 2020.

In July, as a protest against overcrowding in prisons, the Santa Catarina Union of Penitentiary System Public Agents refused to receive new prisoners. For example, the Vale do Itajai Penitentiary complex, which had a designed total capacity for 1,160 inmates, held 1,523 men, and the prison, designed for 696 inmates, held 1,129. Soon afterward, a state court ordered the Prison Administration Secretariat to require the union to receive new prisoners or pay substantial fines.

Reports of abuse by prison guards continued (see Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment above). Pastoral Carceraria, a prison-monitoring NGO connected to the Catholic Church, reported that torture and prison conditions worsened during the COVID-19 pandemic when prisons closed their doors to visitors to curb the spread of the virus. Between March 15 and October 31, 2020, the organization received 90 allegations of torture within the prison system across the country, compared with 53 cases in the same period in 2019. Complaints of physical torture appeared in 53 of the 90 allegations.

General prison conditions were poor. There was a lack of potable water, inadequate nutrition, food contamination, rat and cockroach infestations, damp and dark cells, a lack of clothing and hygiene items, and poor sanitation. Prisoners also complained of poor access to personal care products and clothing. Prisoners made complaints regarding the right to health and failure to provide adequate medical assistance. General poor prison conditions were further stressed by the COVID-19 pandemic, but some systems attempted to provide extra support. For example, the state government of Minas Gerais hired additional doctors, nurses, and nursing technicians; by May, 237 prison employees and 200 prisoners in the state had died from COVID-19 and 20,000 employees and 57,000 inmates had been infected. These rates were lower than the general population estimates. As of August, Sao Paulo’s penitentiary system, with a population of 205,000, had experienced 78 inmate deaths from COVID-19.

Prisoners convicted of petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required placing convicted criminals in pretrial detention facilities. In many prisons, including those in the Federal District, officials attempted to separate violent offenders from other inmates and keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were held with adults in poor and crowded conditions.

Prisons suffered from insufficient staffing and lack of control over inmates. Violence was rampant in prison facilities. According to the National Penitentiary Department, 209 prisoners were killed while in custody in 2020. In addition to poor administration of the prison system, overcrowding, the presence of gangs, and corruption contributed to violence. Media reports indicated that incarcerated leaders of major criminal gangs continued to control their expanding transnational criminal enterprises from inside prisons.

Prison riots were common occurrences. On July 2, inmates rioted in the Romeiro Neto penitentiary in Mage, Baixada Fluminense, in the state of Rio de Janeiro. Led by members of a criminal group called Povo de Israel, the inmates set fire to mattresses and vandalized the prison facility, resulting in injuries to five prisoners. The same group instigated a second prison riot the same day in the Nelson Hungria penitentiary in Bangu, in western part of the city of Rio de Janeiro, but no injuries occurred. As of August the motivation for the two prison riots was unknown.

Administration: State-level ombudsman offices; the National Council of Justice; the National Mechanism for the Prevention and Combat of Torture in the Ministry of Women, Family, and Human Rights; and the National Penitentiary Department in the Ministry of Justice monitored prison and detention center conditions and conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams. The Pastoral Carceraria reported that all religious services remained suspended in the Sao Paulo penitentiary system due to COVID-19 restrictions, which impeded their independent monitoring of sanitary and health conditions and reporting of abuses and physical violence against inmates.

Improvements: Nationally, overcrowding decreased from 68 percent in 2020 to 55 percent, according to the Violence Monitor. Overcrowding declined in 21 states compared with 2020, and 12 states saw decreases two years in a row. Experts suggested that the decrease in the overcrowding rate could be explained by the increase in alternative sentences, noncompliance with prison terms, the increase in open prison sentences, and the opening of new prison spaces.

In July the government of Rio Grande do Sul State established a partnership with the University of Santa Cruz do Sul to offer free distance learning courses to inmates in the Santa Cruz do Sul Regional Prison.

Brunei

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law does not specifically prohibit torture. Caning may be ordered for certain offenses under both secular and sharia law, and it is mandatory for some offenses. The Sharia Penal Code (SPC) includes offenses punishable by corporal and capital punishments, including stoning to death, amputation of hands or feet, and caning. Neither stoning nor amputation was imposed or carried out.

The SPC prohibits caning persons younger than 15. Secular law prohibits caning for women, girls, boys younger than eight, men older than 50, and those a doctor rules unfit for caning. Juvenile boys older than eight may be caned with a “light rattan” stick. Canings were conducted in the presence of a doctor, who could interrupt the punishment for medical reasons. The government generally applied laws carrying a sentence of caning impartially; the government sometimes deported foreigners in lieu of caning. The sharia court did not hand down any sentences imposing corporal or capital punishments.

There were no reports of impunity involving the security forces.

Prison and Detention Center Conditions

The government reported prison overcrowding.

Physical Conditions: In January the Ministry of Home Affairs reported the 841 inmates in prison exceeded the maximum prison capacity of 585.

Administration: A government-appointed committee composed of retired government officials monitored prison conditions and investigated complaints concerning prison and detention center conditions.

The prison system has an ombudsman’s office through which judicial officials, Legislative Council members, community leaders, and representatives of public institutions visit inmates monthly. A prisoner may complain to a visiting judge, the superintendent, the officer in charge, or, in the case of female prisoners, the matron in charge.

“Spiritual rehabilitation” programs were compulsory for Muslim inmates.

Sharia convicts were held in the same prison facilities but separated from inmates convicted in the secular courts. Sharia convicts were subject to the same regulations as secular convicts.

Independent Monitoring: There were no reports of independent domestic or international nongovernmental organizations (NGOs) monitoring prison conditions.

Bulgaria

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports of government officials employing violent and degrading treatment. The nongovernmental organization (NGO) Bulgarian Helsinki Committee (BHC) reported that guards in Debelt prison frequently beat inmates. In February the Blagoevgrad administrative court ruled in favor of a female former prisoner who accused Sliven prison authorities of conducting strip searches before and after every meal and sentenced the prison administration to pay remedial compensation of 700 levs ($405) plus interest. The BHC expressed concern that the court-awarded compensation was much smaller than the 20,000 levs ($11,600) requested by the claimant and noted that there appeared to be a trend in the past few years of courts routinely awarding much smaller compensation for abuses than requested.

According to the BHC, police physically abused detainees in detention facilities with impunity and the practice was widespread. The BHC cited its own research that showed one-third of detainees in a police precinct in Burgas complained of physical abuse, including by electric shock. The purpose was to extract information. In August the prosecutor general reported to the National Assembly that 12 of the 15 police violence investigations opened after the 2020 antigovernment protests had been terminated due to lack of evidence while the remaining three were ongoing.

Prison and Detention Center Conditions

Conditions in some prisons and detention centers were poor but NGOs noted positive changes in others. There were reports of overcrowding in some detention facilities, prison staff corruption, and inadequate sanitary, living, and medical conditions.

Physical Conditions: In February the national ombudsman’s annual report noted “a positive trend of improving physical conditions and decreasing number of inmates” in prisons but identified a continuing problem with cockroach and bedbug infestations as well as poor access to health care due to a lack of medical personnel. The ombudsman reported continuing problems in detention centers at police precincts, including generally poor hygiene, overcrowding, and poor access to ventilation and natural light. The BHC reported very poor conditions in the detention centers in Svilengrad and Haskovo and severe overcrowding in centers in Veliko Tarnovo and Varna. According to the organization, detention centers were largely inaccessible for persons with impaired mobility. According to the ombudsman, state psychiatric hospitals were significantly underfunded, resulting in poor physical conditions and lack of quality medical personnel.

In November the Council of Europe’s Committee for the Prevention of Torture (CPT) said in a public statement that its most recent periodic visit in October identified authorities’ “persistent failure” to address shortcomings and implement recommendations regarding the treatment, conditions, and legal safeguards offered to patients with psychiatric disorders and residents of social care institutions. The statement noted the CPT’s repeated findings regarding cases of “physical ill-treatment of social care residents and patients with psychiatric disorders by staff,” illegal use of “seclusion and mechanical restraint,” “appalling level of hygiene,” “utterly neglectful care,” and “grossly insufficient” staffing.

Authorities and external monitors observed poor conditions in refugee reception centers. The law provides for the establishment of closed-type centers or designation of closed-type areas within a refugee reception center for confinement in isolation of disorderly migrants. In August the ombudsman’s administration inspected facilities for unaccompanied children seeking asylum in the Voenna Rampa refugee reception center in Sofia and identified insufficient staffing as well as 100 percent overcrowding, with “extremely poor physical conditions that are highly unacceptable and absolutely inadequate for children.” According to the local office of the UN High Commissioner for Refugees (UNHCR), migrant detention centers lacked proper medical care, hygiene, and sanitary conditions.

Administration: Authorities investigated allegations of mistreatment. According to the CPT, the prison administration suffered from serious corruption as well as a shortage of health-care personnel. The ombudsman also identified a legal provision that allowed prison authorities to access prisoners’ correspondence without judicial approval. Regulations allow night searches of sleeping quarters for unapproved possessions. The ombudsman and NGOs voiced concern that prisoners’ rights to appeal administrative acts, such as punishment or relocation, are pegged to the local administrative courts and cannot go to the Supreme Administrative Court, limiting the Supreme Administrative Court’s ability to address contradictory rulings by local courts.

Independent Monitoring: The government permitted monitoring of prisons by independent nongovernmental observers and international bodies such as the CPT and the UN Subcommittee on Prevention of Torture. In February the BHC complained that the Ministry of Health refused to let BHC representatives visit psychiatric hospitals since 2014. In October a delegation from the CPT examined the treatment, conditions, and legal safeguards offered to psychiatric patients, and visited three Ministry of Health-run psychiatric hospitals.

Improvements: The government repurposed and refurbished buildings for new detention facilities in Blagoevgrad and Dobrich and retrofitted a wing in the prison in Sofia, including repairing its roof and renovating its toilets and lighting installations.

Burkina Faso

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. Local rights groups alleged numerous accounts of torture committed by state-sponsored militias and members of the community-based armed groups known as the Koglweogo. Most allegations of torture involved victims suspected of having links to extremists or persons of Fulani/Peuhl ethnicity (see section 1.g., Physical Abuse, Torture, and Punishment).

According to the Conduct in UN Field Missions online portal, during the year there were two allegations of sexual exploitation and abuse by Burkina Faso peacekeepers deployed to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, both concerning alleged transactional sex with an adult. In both cases UN payments were suspended pending the results of the investigation, which continued at year’s end. Two previous allegations, both dating to 2015, were found to be unsubstantiated and closed without any action.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and at times life threatening due to overcrowding and inadequate sanitary conditions and medical care.

Physical Conditions: The Ministry of Justice and Human Rights’ most recent report on prison statistics, covering 2020, indicated the country had 7,401 persons incarcerated nationwide, an occupancy rate of 142 percent. Authorities held pretrial detainees in the same locations as convicted prisoners. The High Security Prison in Ouagadougou, which mostly housed suspected extremists, was at more than double its designed capacity. Almost all were in pretrial detention.

Female prisoners had better conditions than those of men, in large part due to less crowding. Some infants and children younger than age five accompanied their inmate mothers. There were no appropriate facilities or installations for prisoners or detainees with disabilities, and they relied on other inmates for assistance.

Food, potable water, sanitation, heating, ventilation, lighting, and medical care were inadequate in most detention facilities across the country. Tuberculosis, HIV, AIDS, and malaria were the most common health problems among prisoners. For example, at the High Security Prison there were three nurses employed to treat more than 900 detainees and prisoners, with no doctor present on site but available on an on-call basis. Detention conditions were better for wealthy or influential citizens or detainees considered nonviolent.

Prisoners received two meals a day, but diets were inadequate, and inmates often relied on supplemental food from relatives. Some prisons lacked adequate ventilation, although some cells had electricity and some inmates had fans. Sanitation was rudimentary.

On March 24, President Kabore granted pardons to 796 prisoners. A similar mass pardon was granted on December 30.

Administration: The government did not provide information on investigations into allegations of mistreatment in prisons.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The International Committee of the Red Cross (ICRC) and the Burkinabe Movement for Human and People’s Rights (le Mouvement burkinabe des droits de lhomme et des peuples) were able to visit prisoners in some facilities throughout the country. The ICRC visited more than 4,400 inmates in 16 detention facilities during the year.

Burma

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture; however, members of regime security forces reportedly tortured and otherwise abused suspects, prisoners, detainees, and others. Such incidents occurred, for example, during interrogations and were widely documented across the country. Alleged harsh interrogation techniques were designed to intimidate and disorient and included severe beatings and deprivation of food, water, and sleep. Other reported interrogation methods described in news reports included rubbing salt into wounds and depriving individuals of oxygen until they passed out.

A 19-year-old prodemocracy supporter told local media that on April 9, he was taken to a military compound on the outskirts of Bago Township, Bago Region where “the commander tied my hands from the back and used small scissors to cut my ears, the tip of my nose, my neck and my throat.”

In April media reported regime forces struck Wai Moe Naing, a high-profile Muslim protest leader and a Muslim, with an unmarked vehicle during a motorbike demonstration in Monywa.

Transgender writer Han Nwe Oo shared on social media that while in detention she was ridiculed for being transgender, sexually assaulted, and faced “atrocious” interrogation for two days at a military camp inside Mandalay Palace, Mandalay Region in September.

According to nongovernmental organizations (NGOs), women in custody were subjected to sexual assault, gender-based violence, and verbal abuse. Police in some cases verbally abused women who reported rape. Women who reported sexual assault faced further abuse by police and the possibility of being sued for impugning the dignity of the perpetrator. On July 19, the UN special rapporteur on the situation of human rights defenders noted “[w]omen human rights defenders are particularly at risk in remote rural areas and are often beaten and kicked before being sent to prison where they may face torture and sexual violence with no medical care provided.”

In one case in April, Human Rights Watch (HRW) reported that security force members severely beat and sexually assaulted a female detainee accused of involvement in small-scale bomb attacks against regime targets in Rangoon. Her injuries were so severe she struggled to eat or urinate. Her cellmate reported similar treatment.

Also in April, local media reported that a high school student from Rangoon was arrested with her mother and described how she was “touched by a police officer who told me he could kill me and make me disappear.”

In Rangoon a journalist detained in March told media he witnessed police burn a detained female journalist with cigarettes and threaten to rape her if she did not provide information on her involvement in prodemocracy activities.

Impunity for rights abuses was pervasive for security force leaders and members. There was no credible evidence that the regime took action to investigate incidents or punish alleged perpetrators of abuses or to include human rights training as part of its overall training of regime security forces. The regime routinely denied responsibility for atrocities. For example, in April local media reported that the regime issued a blanket denial of abuses during a meeting with the UN special envoy for Burma, rejecting her allegations as “one-sided,” while denying it had killed children, among other atrocities.

Prison and Detention Center Conditions

Conditions in prisons, labor camps, and military detention facilities were reportedly harsh and frequently life threatening due to overcrowding; degrading and abusive treatment; and inadequate access to medical care (including COVID-19 treatment) and basic needs, including food, shelter, and hygiene.

Physical Conditions: There were 48 known prisons and 50 known labor camps in 2020. Women and men were held separately. Some prisons held pretrial detainees together with convicted prisoners. Children were sometimes held in pretrial detention with adults. More than 20,000 inmates were serving court-mandated sentences in labor camps located across the country in 2020; data were not available for the reporting year. The Associated Press reported on October 28 that the military had transformed dozens of public facilities (e.g., community halls) into interrogation centers across the country after the coup.

Several reports document poor conditions within prison facilities, including inadequate sewage systems, insufficient – and often inedible – rations, and a lack of basic necessities. Overcrowding was reportedly a serious problem in many prisons and labor camps. According to AAPP, occupancy at Insein Prison, the country’s largest, was nearly three times its intended capacity prior to the military coup.

Medical care was inadequate, and this reportedly contributed to deaths in custody. Prisons failed to adopt measures to protect prisoners from COVID-19, and there were widespread reports of COVID-19 transmission, illness, and deaths among prisoners. Despite regular regime reporting at national and subnational levels on COVID-19 cases and deaths, the regime failed to make data available on the impact of COVID-19 in prisons. According to AAPP, COVID-19 vaccinations were limited only to high-profile prisoners. In addition to COVID-19, prisoners suffered from other health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and intestinal illnesses caused or exacerbated by unhygienic conditions and spoiled food. There were also numerous reports of political prisoners being denied medical services.

Former prisoners complained of poorly maintained physical structures that provided no protection from the elements and were infested with rodents, snakes, and molds.

Conditions for women were deplorable, with a lack of access to sufficient toilets and no privacy. Prison guards denied requests for sanitary products for menstruation and other basic hygiene products. After the coup, sexual violence, gender harassment, and humiliation by officials increased.

In September human rights watchdog Just Power reported that a prominent human rights activist suffered from deteriorating health conditions as a result of her “unjust arrest and detention.” According to the report, regime security forces denied her access to health services, including to medicines provided by her family.

Administration: Prisoners and detainees could sometimes submit complaints to judicial authorities prior to the coup, but there was no clear legal or administrative protection for this right. There is no credible evidence of prisoners and detainees submitting complaints after the coup. Some prisons prevented full adherence to religiously based codes of personal conduct, ostensibly due to space restrictions and security concerns.

In April local media reported that a journalist fasting in observance of Ramadan was accused of staging a hunger strike and sent to solitary confinement at Insein Prison.

Independent Monitoring: The Department of Corrections in the Ministry of Home Affairs operated the prisons and labor camp system.

The International Committee for the Red Cross had no access to prisons, labor camps, or military detention sites during the year. After March 2020, the Ministry of Home Affairs under the deposed civilian government claimed it could not allow access because of COVID-19 prevention measures. After the coup, the military continued to deny access to all prisons and detention sites.

The UN Office on Drugs and Crime did not have access to prisons or labor camps and on February 1, ended cooperative capacity-building programs with the Department of Corrections. The drug and crime office continued to provide limited COVID-19-related personal protective equipment and primary basic health care assistance (e.g., infection prevention and control supplies) directly to the prisons.

Burundi

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit cruel, inhuman, or degrading treatment or punishment, but there were numerous reports government officials employed these practices. NGOs reported cases of torture committed by security services or members of the Imbonerakure. As of November 30, Ligue Iteka reported 57 such cases, down from 103 the previous year, attributing 38 to members of the Imbonerakure, nine to police, six to members of local government, and four to the SNR. Media reported throughout the year that Imbonerakure members arrested, threatened, beat, tortured, or inflicted a combination of the foregoing on CNL members. There were also reports that government officials in prisons physically abused prisoners. The COI reported most individuals arrested following security incidents were detained by the SNR and that some were subjected to severe torture, including sexual abuse. The BHRI reported numerous cases of torture against detainees at SNR headquarters in Bujumbura as well as in unofficial detention centers in Bujumbura or at the provincial level, including at SNR offices or residences in Gitega, Mwaro, Rutana, and Makamba.

From January through August, the BHRI documented several cases of torture allegedly committed by Moise Arakaza, who was then police commissioner of Mugamba Commune, Bururi Province. Arakaza reportedly beat detainees with the flat side of a machete blade, rubbed hot chili peppers up detainees’ noses, and threatened further cruel, inhuman, or degrading treatment against other detainees. The BHRI also stated that several detainees were transferred from Mugamba to SNR headquarters in Bujumbura where they were reportedly tortured. Arakaza was reassigned to a commune in Bujumbura in August but reportedly continued to arrest and ill-treat detainees and other individuals there. Despite BHRI reporting that senior judicial and police officials knew about these abuses, authorities had not held Arakaza accountable as of November.

There were some reports of investigations and prosecutions for serious abuses of human rights, although limited enforcement meant impunity in the security forces remained a problem. Media reported cases of state agents arrested, detained, and sometimes convicted for acts related to human rights abuses. On December 10, the Independent National Commission on Human Rights (CNIDH) released a statement that it had investigated and confirmed two reported cases of torture by members of the SNR. The COI reported, however, many state agents arrested were later released and that the outcomes of proceedings against those still in detention remained uncertain. Factors contributing to impunity included the ruling party’s reliance on the Imbonerakure, the lack of judicial independence, and reprisals against individuals reporting abuses. There were no sufficient mechanisms to investigate human rights abuses committed by security forces.

According to the Conduct in UN Field Missions online portal, there were seven open allegations of sexual exploitation and abuse by the country’s peacekeepers deployed to the UN Multidimensional Integrated Stabilization Mission in the Central African Republic. Six of the allegations were reported during the year, and one was reported in 2019, all of which allegedly occurred on deployments in prior years. Of the seven, four concerned alleged exploitative relationships with adults between 2014 and 2017, and three concerned alleged instances of child rape between 2017 and 2019. Nine other cases were determined to be unsubstantiated and two cases from the 2015-16 timeframe were substantiated. As of December the government had not announced whether it had taken any measures to investigate or address the seven cases that remained open and had also not yet reported actions taken related to the substantiated 2017 allegation concerning the rape of a child that took place in 2015.

There were reports that members of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) community were threatened, beaten, and arrested by local administrators and other citizens with the support of security forces (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to gross overcrowding, physical abuse, and inadequate sanitary conditions. There were reports of lack of adequate medical treatment and prolonged solitary confinement in prisons and detention centers. Conditions in detention centers managed by the SNR and in local “lock-ups” managed by police generally were worse than in prisons. The COI and several other credible organizations also continued to report that the SNR, police, senior government officials, and other security organizations maintained clandestine detention facilities to which no independent monitors were granted access.

Physical Conditions: Gross overcrowding was a severe problem in eight of 11 prisons. The Ministry of Justice’s Office of Penitentiary Affairs reported that, as of December 28, there were 12,954 inmates, including 6,692 pretrial detainees, in 11 prisons and two juvenile rehabilitation facilities, the majority of which were built before 1965, with the capacity to accommodate 4,194 inmates. The most crowded prisons were Muramvya (30 miles from Bujumbura), where the inmate population was at 800 percent of capacity, and Mpimba, in Bujumbura, which was at 573 percent of capacity. Of the 12,954 inmates, 871 were women and 152 were juveniles. Authorities held 152 juveniles, of whom 111 were convicted and 41 were pretrial detainees, in the two juvenile rehabilitation facilities. There was a prison for women in Ngozi, although women were incarcerated at other prisons as well. Authorities commonly held pretrial detainees with convicted prisoners.

The Office of Penitentiary Affairs reported 46 prisoner deaths during the year, all of which occurred because of a fire at the Gitega prison. On December 7, a large fire caused by an electrical short circuit, broke out at the overcrowded Gitega prison and killed 46 inmates and injured 69 more, according to a presidential statement on December 29. Civil society organizations and some media outlets disputed the government’s tally, arguing that many more were killed. No information was available on the number of persons held in secret detention centers managed by the SNR or in communal jails operated by police.

Prisons did not have adequate sanitation systems (toilets and bathing facilities), drinking water, ventilation, and lighting, and these conditions were especially acute in the Muramvya and Mpimba prisons. Prisons and detention centers did not have accommodations for persons with disabilities.

According to government officials and international human rights observers, many prisoners suffered from intestinal illnesses and malaria. There was no official information regarding cases of COVID-19 in prisons. Authorities took some measures to prevent the spread of the virus, including suspension of visits in all prisons since April 2020 although family members were still permitted to provide prisoners with necessities such as food and face masks. The International Committee of the Red Cross (ICRC) assisted prison authorities to construct quarantine sections in prisons during the COVID-19 pandemic.

Each inmate received daily approximately 12 ounces of cassava, 12 ounces of beans, and, on some days, oil and salt. Authorities expected family and friends to provide funds for all other expenses. Each prison was required to employ at least one qualified nurse and received at least one weekly visit by a doctor, but prisoners did not always receive prompt access to medical care; inmates with serious medical conditions were sent to local hospitals. There were reports of shortages of medicines in prison clinics. It was also reported that prisoners held on politically motivated charges lived in fear of reprisal from prison management and prisoner-run bodies.

There were no reports of prisoner-on-prisoner violence or authorities’ failure to maintain control.

Administration: Prison authorities allowed prisoners to submit complaints to judicial authorities without censorship, but authorities rarely investigated the complaints. There were credible reports of mistreatment of prisoners, such as long stays in solitary confinement, but no record that any abusers were held to account or punished.

Independent Monitoring: The government permitted monitoring by some independent nongovernmental observers.

The government permitted visits requested by the ICRC, the African Union (AU), and the CNIDH. Monitors visited known prisons, communal jails, and known SNR detention centers regularly. Monitoring groups had complete and unhindered access to prisoners held in known detention facilities but were not able to access clandestine SNR detention sites.

Improvements: The government took some actions to relieve overcrowding during the year, releasing more than 2,600 prisoners. An NGO and other observers reported that some of those released were later rearrested for other offenses, while others wanted to return to prison to obtain food and medical care. On March 5, President Ndayishimiye pardoned 5,255 prisoners convicted of certain crimes. The decree provided the release of prisoners who were serving sentences of less than five years, pregnant women and those with children in prisons, prisoners who were younger than age 18 and older than age 70, women accused of infanticide or abortion who have served at least three years of the sentence, prisoners with psychiatric disorders and those with visible disabilities, prisoners with chronic disease at the terminal stage, prisoners accused of corruption if they returned the funds embezzled, and those who had already served three-quarters of their sentence. In addition, the decree provided sentence reductions for prisoners who had served one-quarter of their sentence; prisoners sentenced to life imprisonment had their sentence reduced to 20 years of prison.

Cabo Verde

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports of hazing involving sexual abuse and cruel, inhuman, and degrading treatment by military personnel against other military personnel. Military authorities detained six individuals alleged to have been involved, expelled them from the armed forces following disciplinary proceedings, and referred the case to the Attorney General’s Office for criminal investigation.

As of August, the National Commission for Human Rights and Citizenship reported six complaints of police abuse during the year and 10 for all of 2020. Authorities investigated 20 reports of violence by National Police agents through September and 19 such reports for all of 2020, many of which resulted in dismissal, suspension, or other disciplinary action against officers involved. The cases included hitting detainees, excessive force with a baton, and discharging a weapon. The Attorney General’s Office reported 141 cases of alleged crimes by law enforcement agents between August 2020 and July, 83 percent by National Police, 8 percent by Judicial Police, and 7 percent by prison guards. During the same period, authorities resolved 106 such cases.

Prison and Detention Center Conditions

Although the government took steps to improve prison conditions in some areas during the year, they remained deficient due to overcrowding and inadequate health and sanitary conditions.

Physical Conditions: Of the five prisons in the country, three, in Praia, Sao Vicente, and Fogo, had populations that substantially exceeded capacity. Prisons in Praia, Sao Vicente, and Sal separated inmates by trial status, sex, and age. In Fogo officials established isolation cells that separated youths from adults. In Santo Antao inmates were separated according to trial status and crime but not age. Conditions in general were inadequate for inmates with mental disabilities or substance addictions. Women were not incarcerated in regional prisons because of the lack of separate space for them. In the Praia and Sao Vicente prisons, women generally had more space per person and better sanitary conditions than male prisoners. The Ministry of Justice reported eight deaths in prisons during the year, including three due to prolonged illness, one due to COVID-19, one homicide, and one suicide.

At least 15 inmates at the Sao Vicente prison took part in a hunger strike in April to protest allegedly abusive disciplinary measures, measures to limit spread of the COVID-19 virus such as suspension of visits and deliveries of food and hygiene products from family members, and the alleged denial of medical treatment to an inmate who subsequently died from COVID-19. The National Commission for Human Rights and Citizenship visited the prison, met with striking inmates, and submitted 22 recommendations to improve conditions, but stated that nearly all remained to be implemented. Prison authorities reported that all inmates subsequently received COVID-19 vaccinations and visits resumed from visitors with proof of vaccination. Corrections authorities continued to use solitary confinement as a disciplinary measure for prisoners.

Administration: There were no prison ombudsmen to respond to complaints; however, the semi-independent National Commission for Human Rights received prisoners’ complaints through regular prison visits, written communication, social media postings, and telephone calls from prisoners or their relatives. The commission received 11 complaints from detainees through August and 17 for all of 2020 of inadequate provisions for health and hygiene, inadequate food, mistreatment by prison guards, poor security, inadequate access to lawyers, limitations on visits, extended periods of preventive detention, and substandard prison facilities. In addition, semi-independent “Provider of Justice” teams made unannounced visits to prisons to assess conditions. Corrections officials stated the complaints had been investigated. Prison visits were restricted to prevent the spread of the COVID-19 virus. Meetings with legal counsel took place under controlled conditions to mitigate spread of the disease. All prisons suspended activities, including religious assistance, due to the COVID-19 pandemic. Prisons resumed such assistance in December.

Independent Monitoring: The government permitted formal visits by international human rights monitors to the prisons and individual prisoners. Local nongovernmental organizations (NGOs) made visits to prisons to record conditions.

Improvements: During the year, prison authorities recruited more doctors. The Ministry of Justice reported completion of remodeling improvements at Fogo and other prisons that was expected to make it possible to separate prisoners and accommodate female prisoners where this was not previously the case. Under the government’s National Plan for Social Rehabilitation, the ministry continued inmate vocational training programs.

Cambodia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices; however, beatings and other forms of physical mistreatment of police detainees and prison inmates reportedly continued during the year.

NGOs and detainees reported that military and police officials used physical and psychological abuse and occasionally severely beat criminal detainees, particularly during interrogation. On April 3, local police in Battambang Province took Pich Theareth into custody for allegedly murdering his wife. Police later announced that Pich died of a heart attack a few hours after his arrest. Pich’s relatives alleged that he was beaten to death and posted photographs of his bruised body on social media and filed a complaint against police. On June 16, the National Antitorture Committee determined that Pich’s death was caused by “excessive torture” and requested that the National Police investigate the case. An NGO reported in September that the National Police had not filed any charges against the police officers involved.

Although the law requires police, prosecutors, and judges to investigate all complaints, including those of police abuse, in practice there was impunity for government officials and their family members for human rights abuses. Judges and prosecutors rarely conducted independent investigations. Although the law allows for investigations into accusations of government abuse, cases were pursued only when there was a public outcry or when they drew the prime minister’s attention. If abuse cases came to trial, presiding judges usually passed down verdicts based only on written reports from police and witness testimony. In general police received little professional training on protecting or respecting human rights.

Prison and Detention Center Conditions

Prison conditions remained harsh and in many cases life threatening.

Physical Conditions: Gross overcrowding was a problem. According to the Ministry of Interior, as of July authorities held an estimated 39,000 prisoners and detainees, including 2,571 women, in 29 prisons designed to hold a maximum of 11,000 prisoners. The ministry reported the government’s “war on drugs” had exacerbated overcrowding, as approximately 22,000 of the prisoners and detainees were held for drug trafficking crimes.

In most prisons there was no separation of adult and juvenile prisoners (including children living with incarcerated mothers) or of persons convicted of serious crimes, minor offenses, or in pretrial detention. According to a local NGO, as of July prisons held at least 25 pregnant women and 74 children living with their mothers. Between January and June, the General Department of Prisons reported there were at least 120 deaths in custody.

Allowances for food and other necessities were inadequate in many cases. Family members often provided these, at least in part, and sometimes had to pay a bribe to do so. Observers continued to report that authorities misappropriated allowances for prisoners’ food, exacerbating malnutrition and disease. Authorities did not provide updated figures on access to clean water; as of 2016, 18 of 29 prisons provided clean water. Prisons did not have adequate facilities for persons with mental or physical disabilities. NGOs also alleged prison authorities gave preferential treatment, including increased access to visitors, transfers to better cells, and permission to leave cells during the day, to prisoners whose families paid bribes, while greater restrictions, such as stricter surveillance and denial of gifts from visitors, were placed on human rights defenders and political prisoners. According to a local NGO, prison gangs sometimes violently attacked other prisoners. NGOs reported significant drug use by prisoners, made possible by bribing guards.

The country had 11 government, three private, and four NGO-run inpatient drug rehabilitation centers. Most observers agreed most “patients” in such facilities were involuntarily detained, committed by police or family members without due process. According to the National Authority for Combating Drugs, no detainee was younger than age 18. The authority reported that from January to March, 9,267 drug users received treatment in these centers. Observers noted employees at the centers frequently controlled detainees with physical restraints and subjected them to intense physical exercise. Violence committed by other drug patients was also common. In January, Moy Somnang died at a hospital after he was beaten by other patients. A police officer reported that the “boss” of a criminal network operating at the facility ordered others to beat and torture Moy soon after he arrived at the center.

After COVID-19 began spreading widely throughout the country due to an outbreak in February, officials severely limited access to prisons for family members, attorneys, consular officials, and other outside representatives. Lawyers defending detained labor leader Rong Chhun were not able to communicate with their client and did not know whether Chhun was sick or had been vaccinated until a prosecutor informed attendees in an open court hearing on June 8. There were some reports of COVID-19 spreading uncontrolled through overcrowded detention facilities before the government vaccinated most of the prison population. As of November the government maintained strict restrictions on outside visitation. According to prison officials, as of September the government had provided COVID-19 vaccinations to more than 90 percent of prisoners and detainees throughout the country.

Administration: There were no prison ombudsmen or other government advocates for prisoners. Prisoners could submit complaints about alleged abuse to judicial authorities through lawyers, but a large number of prisoners and detainees could not afford legal representation. The government stated it investigated complaints and monitored prison and detention center conditions through the General Department of Prisons, which reportedly produces internal biannual reports on prison management. The prison department, however, did not release any reports despite frequent requests from civil society organizations.

Before COVID-19 pandemic protocols were put in place in February, authorities routinely allowed prisoners and detainees access to visitors, although human rights organizations confirmed families sometimes had to bribe prison officials to visit prisoners. There were credible reports officials demanded bribes before allowing prisoners to attend trials or appeal hearings, before releasing inmates who had served their full terms of imprisonment, or before allowing inmates to exit their cells.

Independent Monitoring: The government allowed, subject to preconditions and restrictions, international and domestic human rights groups, including the International Committee of the Red Cross and the UN Office of the High Commissioner for Human Rights, to visit prisons and provide human rights training to prison guards, although COVID-19 policies affected attempts to arrange visits. Some NGOs reported limited cooperation from local authorities who, for example, generally made it difficult to gain access to pretrial detainees.

The Ministry of Interior required lawyers, human rights monitors, and other visitors to obtain permission prior to visiting prisoners (often from multiple government agencies), and sometimes the government required NGOs to sign a formal memorandum of understanding delineating their roles during prison visits. The government largely halted prison visits after COVID-19 began spreading widely throughout the country in February. Although some local independent monitoring groups were able to meet privately with prisoners, others were not. A local human rights NGO that provides medical care to prisoners reported the government refused requests to visit convicted prisoners who were members of an opposition political party. Another NGO reported the government accused it of harboring political bias and using its visits to embolden political prisoners. Representatives of the UN human rights commissioner reported they were usually able to visit prisons and hold private meetings when interviewing a particular prisoner of interest.

Cameroon

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were reports that security force members tortured or otherwise abused citizens, including separatist fighters, their alleged supporters, and political opponents. Human rights organizations documented several cases in which security forces severely mistreated separatist fighters and others in which armed separatists mistreated civilians and members of defense forces. Public officials, or persons acting at their behest, reportedly carried out acts that resulted in severe physical, mental, and emotional trauma.

On February 13, a video emerged on social media and television news programs showing a mixed unit of government defense forces abusing a civilian. They interrogated the man in French and pidgin English, poured water on him, beat him with a machete until he fell unconscious. According to the video, authorities demanded that the man reveal the location of his brother whom they believed to be a separatist fighter. In a February 15 press release, MOD spokesperson Atonfack Guemo acknowledged that the incident took place in the afternoon of February 11 in the locality of Ndu, Donga and Mantung division of the Northwest Region. Atonfack Guemo said the victim was identified upon preliminary investigations as Jean Fai Fungong, a suspected criminal and separatist. He indicated that the minister delegate for defense, Joseph Beti Assomo, ordered the immediate arrest of two soldiers, two gendarme officers, and four police officers believed to be responsible for the abuse and placed them in detention at the Ndu Territorial Gendarmerie Brigade pending the outcome of a full investigation. As of the end of December, authorities had not released information concerning the outcome of the investigation, and there was no indication that the case had been fully investigated (see also section 1.a.).

On September 21, multiple videos depicting a civilian being beaten by gendarme officers with machetes circulated on social media. The MOD issued a press release and stated there would be a full investigation into the matter. The communique added that the perpetrators of the abuse, which took place on the overnight on September 16 at a gendarme facility in Yaounde, had been identified and would be subject to disciplinary and judicial sanctions. As of late November, the MOD had not provided an update on this case.

According to NGO Un Monde Avenir, shopkeeper Sieur Nzimou Bertin died in gendarme custody on the morning of November 18, a few hours after he was released from police custody, following a summons after a dispute with his neighbor. His death was said to be the consequence of the severe assault and degrading treatment he suffered while in detention on the evening of November 17 at the 9th quarter police station in the Littoral Region.

According to the Conduct in UN Field Missions online portal, three allegations were submitted during the year of sexual exploitation and abuse by the country’s peacekeepers deployed to the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). This followed six allegations against the country’s peacekeepers deployed to MINUSCA in 2020. As of the end of December, investigations by the United Nation’s Office of Internal Oversight Services into all allegations from during the year remaining pending. There were also 26 other open allegations dating from previous years of sexual exploitation and abuse by the country’s peacekeepers deployed to UN peacekeeping missions dating back to 2017. Of the open cases, eight allegedly involved rape of a child. One case allegedly involved multiple allegations: four instances of rape of a child and two instances of exploitative relationships with an adult. Another open case allegedly involved rape by two peacekeepers of two children and an exploitative relationship with an adult.

Reports from credible organizations and anecdotal evidence suggested there were cases of rape and sexual assaults perpetrated by persons associated with the government in the Northwest and Southwest Regions, as well as in other parts of the country. NGOs also indicated armed separatists sexually assaulted survivors in the two regions (see also section 1.g., Physical Abuse, Punishment, and Torture). On February 13, the NGO Mandela Center International issued a press release denouncing the December 2020 gang rape of a 16-year-old girl by police inspector Remy Gaetan Eba’a Ngomo and his colleagues. Police inspector Eba’a Ngomo, who was on duty at the Ntui public security police station, forced the girl and a male colleague to follow him, according to the survivors and the civil society organizations reporting on the issue. Once at the police station, the police inspector forced the two to have sex outdoors. Afterwards, Eba’a Ngomo invited his colleagues, including a person he referred to as his boss, to rape the female survivor, after chasing away the male survivor. Eba’a Ngomo gave the female survivor 1,000 CFA francs ($2) and threatened to kill her if she revealed what had happened. The father of the female survivor unsuccessfully initiated a series of complaints starting with the head of public security police in Ntui, followed by the public prosecutor in Ntui. The father of the female survivor filed another complaint with the regional division of judicial police in Yaounde. As of early October, the case was pending before the prosecutor, while police inspector Eba’a Ngomo was reportedly in detention; however, his presence in detention was not independently confirmed as of December.

In May Reach Out Cameroon released its human rights situation and incident report for the period extending from January to March 31. In the report, Reach Out indicated that on January 21, separatist fighters attacked, robbed, and gang-raped a young woman at Nkewen, in the Bamenda III municipality in the Northwest Region. The survivor reportedly told Reach Out that she was on her way back from a party with her aunt when armed men attacked her at the entrance to her neighborhood, pulled her into a nearby bush, and raped her.

While some investigations and prosecutions were conducted and a few sanctions meted out, impunity remained a problem. Few of the reports of trials involved those in command. The General Delegation of National Security and the Secretariat of State for Defense in charge of the National Gendarmerie investigated some abuses. The government levied punitive action against convicted low-level offenders, and other investigations continued as of year’s end. The trial for the four soldiers and 17 members of vigilance committees accused of assisting regular defense forces in perpetrating the February 2020 massacre in Ngarbuh continued at the Yaounde Military Tribunal, but as of December, only three of the accused, all of them members of defense and security forces, had been seen in court.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to food shortages, poor-quality food, gross overcrowding, physical abuse, as well as inadequate sanitary conditions and medical care.

Physical Conditions: Overcrowding remained a significant problem in most prisons, especially in major urban centers.

Officials held prisoners in dilapidated, colonial-era prisons. Authorities often held pretrial detainees and convicted prisoners in the same cells. In some cases female detainees had better conditions, including improved toilet facilities and less-crowded living quarters. Prisons generally had separate wards for men, women, and children. Authorities reported that the sick were held separately from the general prison population, but this was often not the case.

The conditions in detention cells located at gendarmerie and police units were worse. The cells were generally very narrow, and most of them lacked toilets and windows. Virtually all lacked beds. Unlike prisons that had separate wards for men, women, and children, separation of detainees by age and sex was not systematic in gendarmerie and police unit cells. Conservative estimates by the Human Rights Commission of the Cameroon Bar Association indicated the country’s prisons had the capacity to accommodate 17,915 inmates. As of September, the total prison population was 31,815, representing an occupancy rate of 177 percent above the maximum inmate capacity. Prisons in the Littoral Region that had a maximum intake capacity of 1,550 had a total population of 4,639 inmates, representing an occupancy rate of 299 percent above the maximum inmate capacity as of October.

Access to food, water, sanitation, heating and ventilation, lighting, and medical care was inadequate. Consequently, malnutrition, tuberculosis, bronchitis, malaria, hepatitis, scabies, and numerous other treatable conditions, including infections, were rampant. Failure to observe minimum detention rules resulted in at least two deaths during the year. According to credible reports, including by the Mandela Center, Andre Youmbi died on April 25 at the Bafoussam Central Prison in the West Region, after 43 months of detention. Youmbi was ill and had requested treatment in an adequate health facility. The magistrates handling his case considered the nature of the offenses of which he was the alleged perpetrator advocated against his provisional release. The West Region Court of Appeal president reportedly denied the request for provisional release on April 23. Youmbi returned to prison the same day and died two days later.

Multiple organizations reported that on May 3, Jean Louis Tiotso, who was in poor health and had been awaiting trial for illicit sale of medicines, died at the Foumbot prison in the West Region. Ombouda, the prosecutor in his case, allegedly refused to release him to seek appropriate treatment as was his right under the law. Anecdotal reports suggested that Tiotso unsuccessfully attempted multiple times to appeal to the courts for treatment but failed each time. The prison administration also reportedly supported his request to no avail. Tiotso’s death triggered a riot that led to the burning of the Foumbot Court House and at least one additional death on May 3, according to reports.

Physical abuse by prison guards and prisoner-on-prisoner violence occurred during the year. Violence among inmates was reported in virtually all prisons. In an August 30 Facebook posting, the content of which was confirmed by Cameroon Renaissance Movement (MRC) lawyers, a whistleblower shared the complaint of an unidentified MRC detainee. The detainee claimed that MRC detainees were assaulted in their Yaounde central prison cell by inmates at the behest of prison authorities on August 27 after the lights went off. According to the account, Henry Etchome Misse, head of the prison’s disciplinary office, led a group of unidentified inmates and assaulted the MRC detainees. Misse and his men allegedly participated in the assault of MRC detainees, some of whom had their money stolen along with other valuables.

Administration: Authorities allegedly did not address all credible allegations of mistreatment. MRC detainees, for instance, claimed they had been assaulted on multiple occasions in their prison cells by other prisoners, but they reported that prison officials were indifferent, giving them no opportunity to express their complaints. Visitors needed formal authorization from the state counsel to communicate with inmates; without authorization, visitors had to bribe prison staff to communicate with inmates. While overall prison visits continued to be limited in compliance with COVID-19-pandemic-related restrictions, political detainees reportedly suffered tougher restrictions.

Independent Monitoring: Independent monitoring of prisons was constrained by COVID-19-pandemic-related restrictions. Diplomatic missions were granted access to visit their nationals; the government denied human rights groups the ability to review prison conditions. Buea-based Human Is Right reported a few prison visits in the Southwest Region. The International Federation of Actions by Christians Littoral also conducted prison visits mostly in Edea and Mbanga, in the Littoral Region. Other NGOs, including Nouveaux Droits de l’Homme, the Network for Human Rights Defenders in Central Africa (REDHAC), and the Justice and Peace Commissions of Catholic Archdiocese also conducted prison visits, but with reduced access.

Improvements: The new Douala-Ngoma Central Prison, reported completed in 2020, was still not functional as of December. The facility was expected to help address prison overcrowding and improve the living conditions of inmates at the Douala-New Bell Central Prison. As of the end of December, the new facility was reportedly still missing equipment and required additional construction before it could begin receiving inmates.

Canada

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Correctional Services Canada (CSC) stated it would review a February 23 report by federally commissioned researchers that concluded the government continued to use solitary confinement in federal prisons. The Supreme Court ruled in 2019 that solitary confinement for longer than 15 days constituted cruel and unusual punishment, and the government passed legislation the same year prohibiting the measure. The February report stated that in practice isolation placements continued to regularly exceed the 15-day threshold and broke guidelines permitting inmates a minimum of four hours per day outside their cells.

In April the family of Edward Snowshoe, an indigenous man who killed himself in federal prison in 2010 after 162 days in solitary confinement, filed suit against CSC alleging racial discrimination, neglect, and failure to fulfill its duty of care in the man’s death. The family sought 12.5 million Canadian dollars (C$) ($10 million) in damages. The case remained pending as of November.

There were no known developments in a suit filed by the Ontario Human Rights Commission in 2020 against the province of Ontario in which the commission alleged the province failed to respect its commitments to end use of solitary confinement in the provincial correctional system for persons with mental disabilities.

As of July 23, at least nine women in Newfoundland and Labrador reported incidents of sexual assault involving six former and one serving police officer of the Royal Newfoundland Constabulary (RNC). The nine women stated that on-duty police officers drove them home at night after the women had been drinking at bars in St. John’s and sexually assaulted them; at least three other women said on-duty officers sexually propositioned them after driving them home from bars. The RNC opened an independent civilian investigation into the reports. The RNC disclosed it had conducted four separate investigations over the previous five years into similar reports but had filed no charges. The latest complaints followed the separate conviction in July of RNC officer Douglas Snelgrove in his third criminal trial on charges of sexually assaulting a woman in her home after driving her home from a bar in 2014. The third trial followed a successful appeal and a declared mistrial. Snelgrove was held in custody pending a sentencing hearing in November.

Prison and Detention Center Conditions

There were some reports of sexual assault and harassment of female inmates by male prison staff, and of prison and detention center measures designed to control the spread of COVID-19 that raised human rights concerns.

Physical Conditions: There were reports of abuse in prisons and detention centers regarding physical conditions and inmate abuse. In February the Canadian Association of Elizabeth Fry Societies called for a public inquiry into reports of sexual coercion and violence against inmates by staff in women’s federal prisons across the country. In March a former female federal inmate filed a class-action suit against CSC alleging a culture of sexual harassment and sexual assault by male staff against inmates. CSC stated it did not track complaints of sexual assault or criminal charges by staff. In 2020 police in Truro, Nova Scotia, charged a male guard at the Nova Institution for Women with six counts of sexual assault, six counts of breach of trust, and one count of communication for the purpose of obtaining sexual services in incidents between 2013 and 2018 involving four female inmates. The guard was no longer employed at the prison, and his trial was scheduled for January 2022. In 2020 a former correctional officer was charged in connection with sexual assault of a female inmate at the Grand Valley Institution for Women in Kitchener, Ontario. Adults and juveniles were held separately, although minors were held with their parents in immigration detention centers as an alternative to separating families.

On February 23, the federal correctional investigator reported a COVID-19 infection rate in excess of 10 percent of the total inmate population in federal facilities since March 2020, significantly higher than in the general population, and called for alternatives to incarceration. In April the John Howard Society of Canada and seven federal inmates filed a civil suit against CSC, claiming “unpredictable and indefinite” medical and administrative lockdowns in federal penitentiaries in British Columbia due to COVID-19 constituted solitary confinement. The suit also asserted CSC failed to provide adequate health care and protective equipment against the virus and withheld visitation, religious services, and programs and services required to qualify for parole eligibility.

In June Human Rights Watch and Amnesty International reported persons held in immigration detention were often held in solitary confinement. They called for the abolition of the practice and of the use of provincial jails to detain undocumented immigrants and persons inadmissible to the country.

Administration: Independent authorities investigated credible allegations of mistreatment and documented the results of such investigations in a publicly accessible manner.

Independent Monitoring: The government permitted visits by independent nongovernmental human rights observers.

Central African Republic

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law defines and specifies punishment for torture and other cruel and inhuman treatments, authorities and armed groups continued to commit abuses against the civilian population. Although sentences for such crimes range from 20 years to life in prison and forced labor, impunity persisted. In August FACA soldiers stationed at the Boing neighborhood police station reportedly extorted 146,000 Central African Francs (CFA) ($254) from timber seller Alfred Doualengue and severely beat him. The online newspaper Le Tsunami published Doualengue’s photograph, which showed scars across his buttocks. Although a government investigation acknowledged UN reports that other instances of torture were committed by government or Wagner Group elements, as of year’s end there was no indication that authorities had acted regarding those abuses (see section 1.a). Impunity for human rights abuses continued to be a significant problem throughout the country’s security forces, including the army, gendarmerie, and police. According to human rights advocates, factors that contributed to impunity included judicial backlogs and fear of retaliation. The government worked with the EU and MINUSCA to provide training on human rights for FACA and gendarme units.

Prison and Detention Center Conditions

According to the National Commission for Human Rights and local NGOs, prison conditions did not generally meet international norms and were often harsh, life-threatening, and inhuman due to gross overcrowding, food shortages, and inadequate sanitation.

Physical Conditions: According to MINUSCA, at the start of the year, the imprisoned population included 1,226 men and 65 women, three of whom were caring for infants.

The government operated three prisons in or near Bangui: Ngaragba Central Prison, its high-security Camp de Roux annex for men, and a women’s prison at Bimbo. In other locations, including Bossembele, Sibut, and Boda, police or gendarmes kept prisoners in custody at police stations and gendarmerie brigades. A combination of international peacekeepers, FACA, prison officers trained by MINUSCA and the Ministry of Justice, and judicial police guarded the facilities.

Most prisons were extremely overcrowded. Necessities such as food, clothing, and medicine were inadequate and were often confiscated by prison officials. Prisons lacked basic sanitation and ventilation, electricity, basic and emergency medical care, and sufficient access to potable water. Diseases were pervasive in all prisons. Official statistics regarding the number of deaths in prison were not available. Prison guards and administrators were accused of charging prisoners, prisoners’ family members, and other visitors’ unofficial fees.

COVID-19 highlighted shortcomings that endangered the health and lives of detainees and prison staff. Poor hygienic detention conditions linked to overcrowding and inadequate health care increased the likelihood of infection. Authorities sometimes held pretrial detainees with convicted prisoners, mixed juveniles with adults, and failed to separate prisoners by gender. In Bangui, however, prisoners were separated by gender, as well as in smaller prisons in cities such as Bouar, M’Baiki, Berberati, and Bossangoa. Detainees, including pregnant women, slept on thin straw mats on concrete floors. There were no detention centers or separate cells in adult prisons for juvenile offenders.

Administration: Prison detainees have the right to submit complaints of mistreatment, but victims rarely exercised this option due to the lack of a functioning formal complaint mechanism and fear of retaliation from prison officials. There were reports that complainants paid police or gendarmes fees for their complaints to be heard. Authorities seldom initiated investigations of abuse in prisons.

Independent Monitoring: The government permitted monitoring by international donors, the Office of the UN High Commissioner for Human Rights, and the UN Human Rights Council’s Independent experts on human rights in the country. In addition, state organs like the National Commission for Human Rights and the General Inspectorate of Justice were also authorized independently to visit detention centers.

In July and August the National Commission for Human Rights visited Ngaragba Prison in Bangui and M’Baiki Prison in Lobaye Prefecture and found that both had substandard roofing and lacked sufficient food for inmates. Inmates in both lived in overcrowded cells, lacked access to health care, and experienced recurrent health problems. During remarks at the opening of the judicial year in July, President Touadera noted the state only allocated 3,330,000 CFA francs ($6,060) weekly for inmates’ food at all facilities, an average of 299 CFA francs ($0.54) per inmate per day. Touadera admitted during the speech that the amount was unacceptably low.

Improvements: Forty-seven detainees, including seven women from Ngaragba and the Bimbo-based women’s detention center received training certificates in carpentry, plumbing and manufacturing solar cookers on July 21, after three months of training sponsored by MINUSCA.

Chad

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The 2020 constitution and subsequent transitional charter prohibit torture and other cruel, inhuman, or degrading treatment or punishments, but human rights groups, the Les Transformateurs opposition party, and a group of lawyers led by Midaye Guerimbaye and Kemneloum Delphine credibly accused security forces of engaging in torture and other cruel, inhuman, or degrading treatment.

On April 4, Niger’s National Human Rights Commission and the G5 Sahel Joint Force affirmed that Chadian soldiers engaged in the fight against jihadists in the Sahel were responsible for the rape of several women in Tera in the Tillaberi Region. One was allegedly a girl age 11. Authorities arrested two soldiers suspected of the crime and sent the two individuals to N’Djamena for further investigation.

In late April and May, HRW reported that security forces arrested more than 700 opposition protesters, several of whom reported mistreatment, including torture, in detention. HRW detailed police beatings of numerous protesters and other forms of mistreatment, including pouring urine into the cell of a detainee. Any steps to hold the perpetrators accountable remained unknown at year’s end.

Impunity was a significant problem in the security forces due to corruption, poor discipline, and general impunity for wrongdoers able to leverage basic political connections. Institutions that investigated abuses included the Ministry of Justice and the CNDH. Authorities offered training in human rights to its security forces through international partners, such as the United Nations and individual countries. The International Committee on the Red Cross (ICRC) stated in its 2020 annual report, the latest available, that the national army took steps to strengthen the integration of international humanitarian law principles into its doctrine, training, and operations.

Prison and Detention Center Conditions

Conditions in the country’s 41 prisons were harsh and potentially life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Such conditions presented major problems for juveniles or persons with disabilities. In addition to official prisons, there were reports that the National Security Agency held prisoners in unofficial detention centers.

Physical Conditions: Regional prisons were in states of disrepair, overcrowded, and without adequate protection for women and juveniles. While the government constructed some new facilities in the past decade, major increases in the prison population meant that overcrowding continued to be a problem. Authorities did not separate juveniles from adult male prisoners and sometimes held children with their inmate mothers. Authorities held pretrial detainees with convicted prisoners and did not always separate male and female prisoners. Prison guards, who were not regularly paid, sometimes released prisoners if bribed.

No estimate of deaths in prisons or detention centers was available. Local nongovernmental organizations (NGOs) and the ICRC reported potable water, food, sanitation, and health care were inadequate. Provisions for heating, ventilation, and lighting were inadequate or nonexistent. Inmates were vulnerable to diseases such as tuberculosis, COVID-19, and malaria. The law stipulates a doctor must visit each prison three times a week, but authorities did not permit this level of access. In some cases authorities denied detainees visits from doctors. The few prisons that had doctors lacked medical supplies. Detainees frequently relied upon family members for food, soap, medicine, and other supplies.

In its Freedom in the World 2021 report, Freedom House stated, “Opposition activists risk arrest and severe mistreatment while in detention.”

Administration: Authorities did not investigate credible allegations of mistreatment. There was no mechanism for prisoners to submit complaints. There was no data available on prisoner access to the requirements of religious observance or practice. In April and May local human rights organizations reported that authorities sometimes did not allow prisoners and detainees access to visitors.

Independent Monitoring: The government permitted the ICRC to visit prisons, and the ICRC conducted such visits. In the first half of the year, the ICRC visited detainees in five places of detention – collectively holding approximately 4,195 persons – to check on their treatment and living conditions. According to its 2020 annual report, the latest available, the ICRC reported that at least four detention facilities lacked budgetary and human resources and experienced “systemic issues” in prison administration. The CNDH also conducted visits to detention facilities.

Chile

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit such practices, there were occasional reports of excessive force, abuse, and degrading treatment by law enforcement officers or members of military patrols deployed during the State of Catastrophe declared due to the COVID-19 pandemic.

On May 24, prosecutors arrested and charged nine members of the army with torturing five individuals in October 2020, citing the specific article in the criminal code that defines torture as intentionally inflicting serious pain or suffering with the aim to intimidate, coerce, punish, or reduce the willpower of a victim. The soldiers allegedly detained and bound the victims during the COVID-19 curfew, drove them to a forest, beat them, and simulated an execution. At the end of the year, the case was open, and the soldiers remained in pretrial detention.

In August 2020 prosecutors arrested and charged the police officer who shot Gustavo Gatica with a riot-control shotgun in November 2019, blinding Gatica in both eyes. As of December 6, the case against the officer remained open. On September 20, the government issued an update to regulations on the use of force by security forces in public-protest situations, with input from the INDH and the National Defender for Children’s Rights, to incorporate preventive measures and dialogue during peaceful protests to protect the right of freedom of assembly.

Human rights groups reported that impunity was a problem in the security forces, especially the Carabineros. The Investigative Police (PDI) and Public Prosecutor’s Office investigate whether security force killings were justifiable, and they pursue prosecutions in cases of alleged unlawful killings. The INDH, an independent government authority that monitors complaints and allegations of abuse, may file civil rights cases alleging arbitrary killings. As of November 12, the National Prosecutor’s Office reported that 3,433 investigations into abuses committed by law enforcement agents during 2019-20 protests remained open and that it had formally charged 153 members of the security forces. By November, 14 individuals, all Carabineros, were convicted. According to human rights observers, the slow pace and small number of prosecutions relative to the number of accusations stemming from the social unrest created a perception that those accused of abuses did not face effective accountability. The government increased training for Carabineros on crowd control techniques and human rights.

Prison and Detention Center Conditions

According to the INDH and other observers, conditions in some prisons were poor due to antiquated infrastructure, overcrowding, substandard sanitary infrastructure, and inadequate water supplies. Human rights organizations reported that violence and abuse occurred in prisons.

Physical Conditions: The prison population was unevenly distributed across the prison system, with approximately 50 percent of prisons operating beyond maximum capacity, while others were underpopulated. Overpopulation and inadequate facilities frequently led to comingling of pretrial detainees and convicted prisoners. The INDH reported that prisoners were often confined to their cells for most of the day, a practice that did not allow sufficient time for exercise or participation in rehabilitation and readjustment programs. On September 2, the INDH filed a protective measure for prisoners of the Araucania Region’s Pitrufquen Detention Center who had no overnight access to sanitary facilities in their cells.

Prisoner and human rights groups investigated alleged abuse and use of excessive force against detainees, and media covered some of the allegations. On September 15, prosecutors accused a prison guard of sexually abusing a female suspect while she was being transported from her detention control hearing to pretrial detention. As of October 29, the guard was in pretrial detention and an investigation was pending.

Administration: Independent government authorities, including the INDH, generally investigated credible allegations of mistreatment. The government usually monitored and investigated prison and detention center conditions.

Independent Monitoring: The government permitted prison visits by independent human rights observers, and such visits took place at both government and privately operated facilities.

China (Includes Hong Kong, Macau, and Tibet)

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.

Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force-fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.

Zhang Zhan, sentenced to four years’ imprisonment in December 2020 for her activities as a citizen journalist during the COVID-19 outbreak in Wuhan, was not allowed family visits by Shanghai prison authorities. When Zhang went on a hunger strike, prison officials force-fed her, tying and chaining her arms, torso, and feet.

In August after 21 months in detention, human rights lawyer Ding Jiaxi was indicted. Ding was detained in 2019 on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day.

On March 22, Zhang Wuzhou was sentenced to two years and nine months in prison for “obstructing official duty, provoking quarrels and stirring up trouble.” Following her arrest in June 2020, Zhang was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 2020 account as reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.

As of November human rights activist and lawyer Yu Wensheng remained in a Nanjing prison serving a four-year sentence. In April he was treated in a hospital for nerve damage from an unknown incident suffered in prison. He was convicted in June 2020 for “inciting subversion of state power” and was held incommunicado for 18 months before and after his conviction. Yu reported he was repeatedly sprayed with pepper spray and was forced into a stress position for an extended period.

As of November human rights lawyer Chang Weiping, who was reportedly tortured while in RSDL, was still in pretrial detention. Chang, known for his successful representation of HIV and AIDS discrimination cases, was detained in October 2020 after posting a video to YouTube detailing torture he suffered during a January 2020 round of RSDL.

In December 2020 Niu Tengyu was sentenced to a 14-year jail term by the Maonan District People’s Court in Guangdong for “picking quarrels and stirring up trouble,” “violating others’ privacy,” and “running an illegal business” in a case that has been linked to the leak of the personal information of President Xi’s daughter. According to RFA, Niu’s lawyers alleged that prior to the trial, Niu was stripped, suspended from the ceiling, and his genitals burned with a lighter. They also alleged he was beaten so badly that he lost use of his right hand.

Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Systemic Racial or Ethnic Violence and Discrimination). In an October report on CNN, a former PRC police detective now living in Europe who had multiple tours of duty in Xinjiang confirmed many of these specific allegations in what he described as a systematic campaign of torture.

In March, Newlines Institute for Strategy and Policy released a comprehensive assessment of the PRC’s actions in Xinjiang to examine “whether China bears State responsibility for breaches of Article II of the Genocide Convention, in particular, whether China is committing genocide against the Uyghurs as defined by Article II of the Convention.” The report included contributions of more than 30 scholars and researchers and found that the PRC has implemented a campaign designed to eliminate Uyghurs, in whole or in part. The report stated, “[h]igh-level officials gave orders to ‘round up everyone who should be rounded up,’ ‘wipe them out completely,’ ‘break their lineage, break their roots, break their connections and break their origins.’” The report noted the PRC has also pursued a “dual systematic campaign of forcibly sterilizing Uyghur women of childbearing age and interning Uyghur men of child-bearing years, preventing the regenerative capacity of the group.”

In June, Amnesty International released a report that documented the accounts of more than 50 former detainees regarding the torture, mistreatment, and violence inflicted on them in camps in Xinjiang. The report detailed the systematic use of detainment and “re-education” centers to target Uyghurs and members of other ethnic minorities living in Xinjiang. The report concluded, “according to the evidence Amnesty International has gathered, corroborated by other reliable sources, members of the predominantly Muslim ethnic minorities in Xinjiang have been subjected to an attack meeting all the contextual elements of crimes against humanity.” Further, it elaborated on violence and detention stating, “Amnesty International believes the evidence it has collected provides a factual basis for the conclusion that the Chinese government has committed at least the following crimes against humanity: imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; and persecution.”

The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and the CCP to investigate corruption and other offenses, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports.

The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.

Official media reported the Ministry of Public Security directly administered 23 psychiatric hospitals for the criminally insane.  While many of those committed to mental health facilities were convicted of murder and other violent crimes, there were also reports of activists, religious or spiritual adherents, and petitioners involuntarily subjected to psychiatric treatment for political reasons.  Public security officials may commit individuals to psychiatric facilities and force treatment for “conditions” that have no basis in psychiatry.

Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.

Prison and Detention Center Conditions

Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.

Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.

The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple NGOs and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.

Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.

Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.

In Xinjiang authorities expanded internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. Buzzfeed reported in July that the map of detention centers “neatly fits the geography of counties and prefectures across Xinjiang, with a camp and detention center in most counties and a prison or two per prefecture.” The report estimated that the government had built enough detention space to hold up to 1.01 million individuals. The Australian Strategic Policy Institute’s Xinjiang Data Project satellite analysis indicated that Xinjiang has 385 detention centers. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. The Associated Press reported in October that authorities have closed or repurposed the makeshift detention centers found in cities, but in their place have built larger detention centers outside the cities. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.

In July the Associated Press estimated one detention center in Dabancheng, Xinjiang could hold 10,000 persons. Associated Press reported that during a tour of the facility it observed detainees “in uniform rows with their legs crossed in lotus position and their backs ramrod straight” where they watched videos of CCP propaganda. In October, CNN interviewed a former Chinese police officer who served multiple tours in Xinjiang and was directly involved in the severe physical mistreatment and violence undertaken against Uyghurs and other ethnic minority communities. The officer stated, “We took (them) all forcibly overnight. If there were hundreds of people in one county in this area, then you had to arrest these hundreds of people.” During interrogations, police officers would “kick them, beat them (until they’re) bruised and swollen, … Until they kneel on the floor crying.” “Interrogation” methods included shackling persons to a metal or wooden “tiger chair” (rendering them immobile), sexual violence against men and women, electrocutions, and waterboarding. The source said inmates were forced to stay awake for days and denied food and water. The former police officer stated that 150,000 police officers had been recruited to participate in the province-wide “strike hard” campaign and that there were arrest quotas they had to meet. Authorities accused detainees of terror offenses, but the source said he believed “none” of the hundreds of prisoners he was involved in arresting had committed a crime.

Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was observed. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.

Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.

Colombia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, there were reports government officials employed them. CINEP reported that through August, security forces were allegedly involved in 19 cases of torture, including 40 victims. Members of the military and police accused of torture generally were tried in civilian rather than military courts. NGOs including Human Rights Watch reported that police beat and sexually assaulted demonstrators during the nationwide April-June protests. Human Rights Watch documented 17 cases of beatings, including one that resulted in death. The human rights Ombudsman’s Office and multiple NGOs reported at least 14 cases of alleged sexual assault by police officers during the protests. Police launched internal investigations of all allegations of excessive use of force.

The Attorney General’s Office reported it convicted six members of the military or police force of torture between January and July 31. In addition the Attorney General’s Office reported 50 continuing investigations into alleged acts of torture committed by police or the armed forces through July.

CINEP reported organized-crime gangs and armed groups were responsible for four documented cases of torture including seven victims through August. CINEP reported another 19 cases of torture in which it was unable to identify the alleged perpetrators. According to government and NGO reports, protesters kidnapped 12 police officials during the nationwide protests, torturing some.

According to NGOs monitoring prison conditions, there were numerous allegations of sexual and physical violence committed by guards and other inmates.

The Attorney General’s Office is the primary entity responsible for investigating allegations of human rights abuses committed by security forces, except for conflict-related crimes, which are within the jurisdiction of the JEP. The JEP continued investigations in its seven prioritized macro cases with the objective of identifying patterns and establishing links between perpetrators, with the goal of identifying those most responsible for the most serious abuses during the conflict.

Some NGOs complained that military investigators, not members of the Attorney General’s Office, were sometimes the first responders in cases of deaths resulting from actions of security forces and might make decisions about possible illegal actions. The government made improvements in investigating and trying cases of abuses, but claims of impunity for security force members continued. This was due in some cases to obstruction of justice and opacity in the process by which cases were investigated and prosecuted in the military justice system. Inadequate protection of witnesses and investigators, delay tactics by defense attorneys, the judiciary’s failure to exert appropriate controls over dockets and case progress, and inadequate coordination among government entities that sometimes allowed statutes of limitations to expire, resulting in a defendant’s release from jail before trial, were also significant obstacles.

President Duque signed three decrees in March to modernize the military justice system. The decrees transfer the court system from the Ministry of Defense to a separate jurisdiction with independent investigators, prosecutors, and magistrates. This was a step toward transitioning the military justice system from the old inquisitorial to a newer accusatory justice system. Transition to the new system continued slowly, and the military had not developed an interinstitutional strategy for recruiting, hiring, or training investigators, crime scene technicians, or forensic specialists, which is required under the accusatory system. As such, the military justice system did not exercise criminal investigative authority; all new criminal investigation duties were conducted by judicial police investigators from the CNP and the Attorney General’s Corps of Technical Investigators.

In June, President Duque announced police reform plans focused on enhancing community-police relations, accountability, and human rights. Since the announcement, the CNP established a human rights directorate that responds directly to the director general of police and hired a civilian to oversee it. In partnership with a local university, the CNP also developed a human rights certification course for the entire police force and began training 100 trainers to replicate this 200-hour academic and practical course throughout the country. The CNP also enhanced police uniforms with clear and visible identifiable information to help citizens identify police officers who utilize excessive force or violate human rights protocols.

Prison and Detention Center Conditions

Apart from some new facilities, prisons and detention centers were harsh and life threatening due to overcrowding, inadequate sanitary conditions, poor health care, and lack of other basic services. Poor training of officials remained a problem throughout the prison system.

Physical Conditions: Overcrowding existed in men’s and in women’s prisons. The National Prison Institute (INPEC), which operated the national prisons and oversaw the jails, estimated there were 99,196 persons incarcerated in 132 prisons at a rate of approximately 17 percent over capacity. The government made efforts to decrease the prison population in the context of COVID-19.

The law prohibits holding pretrial detainees with convicted prisoners, although this frequently occurred. Juvenile detainees were held in separate juvenile detention centers. The Superior Judiciary Council stated the maximum time a person may remain in judicial detention facilities is three days. The same rules apply to jails located inside police stations. These regulations were often violated.

The practice of preventive detention, in combination with inefficiencies in the judicial system, continued to result in overcrowding. The government continued to implement procedures introduced in 2016 that provide for the immediate release of some pretrial detainees, including many accused of serious crimes such as aggravated robbery and sexual assault.

Physical abuse by prison guards, prisoner-on-prisoner violence, and authorities’ failure to maintain control were problems. INPEC’s office of disciplinary control continued to investigate allegations that some prison guards routinely used excessive force and treated inmates brutally. As of July 31, INPEC reported 14 disciplinary investigations against prison guards for such actions as physical abuse and personal injuries. The Inspector General’s Office reported 46 disciplinary investigations of INPEC officials from January through August 5.

INPEC reported 159 deaths in prisons, jails, pretrial detention, or other detention centers through July 31, including four attributed to internal fights.

Many prisoners continued to face difficulties receiving adequate medical care. Nutrition and water quality were deficient and contributed to the overall poor health of many inmates. Inmates stated authorities routinely rationed water in many facilities, which officials attributed to city water shortages.

INPEC’s physical structures were generally in poor repair. The Inspector General’s Office noted some facilities had poor ventilation and overtaxed sanitary systems. Prisoners in some high-altitude facilities complained of inadequate blankets and clothing, while prisoners in tropical facilities complained that overcrowding and insufficient ventilation contributed to high temperatures in prison cells. Some prisoners slept on floors without mattresses, while others shared cots in overcrowded cells.

Administration: Authorities investigated credible prisoner complaints of mistreatment and inhuman conditions, including complaints of prison guards soliciting bribes from inmates, but some prisoners asserted the investigations were slow.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups. INPEC required a three-day notice before granting consular access. Some NGOs complained that authorities, without adequate explanation, denied them access to visit prisoners.

Comoros

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that government officials employed them. In April the family of Hakim Bapale claimed his corpse showed signs of gross physical abuse after his death in police custody (see section 1.a.). In September journalists Hachim Mohamed and Oubeid Mchangama reported in the newspaper Masiwa Ya Komor gendarmes abused them after their arrest during a protest (see section 2.a., Violence and Harassment).

Impunity was a problem in the security forces, within both police and military. Corruption and reluctance by the populace to bring charges contributed to impunity. The prosecutor of the republic, under the Ministry of Justice, has the responsibility to investigate abuses.

Prison and Detention Center Conditions

Prison and detention center conditions remained poor, particularly in the prison on Anjouan. The national prison in Moroni on Grande Comore was the largest of three prisons in the country. The third was on Moheli. Military detainees were held in military facilities. National or island authorities used various detention facilities as deemed appropriate, and detainees could be transferred from either Anjouan or Moheli to the national prison in Moroni, depending upon the nature of their offenses.

Physical Conditions: Overcrowding was a problem. As of September the Moroni prison held 277 inmates, including five women and 15 minors, but according to International Committee of the Red Cross standards, the capacity was 60 inmates. The prison on Anjouan held 110 detainees, with one woman and no minors. Its capacity was not known but prisoners were kept in only one of the two prison buildings, consisting of three rooms each measuring 215 square feet and equipped with a single toilet.

The law provides for juveniles ages 15 to 18 to be treated as adults in the criminal justice system. Juveniles and adult prisoners were held together.

Detainees and prisoners normally received a single meal per day consisting of 1.8 ounces of rice and one egg (in Moroni) or red beans when available (on Anjouan). The Red Cross provided weekly meals to prisoners on Anjouan. Those who did not receive additional food from family members suffered food deprivation. Other common problems included inadequate potable water, sanitation, ventilation, lighting, and medical facilities. The prison in Moroni had a nurse on staff and a visiting doctor, while the prison on Anjouan had no nurse on staff but a nurse and doctor who visited prisoners. Prisoners on Anjouan said they were sometimes allowed to leave the prison if they needed medical care. There were no reported deaths attributable to physical conditions.

Administration: Prisoners could submit complaints without censorship, but investigations and follow-up actions almost never occurred. Authorities allowed access to visitors and religious observance, although some minority religious organizations reported difficulty visiting prisoners.

Independent Monitoring: The government permitted the International Committee of the Red Cross and diplomatic missions to monitor prisons. Authorities required that nongovernmental organizations (NGOs) request a visit permit from the prosecutor general.

Costa Rica

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison conditions were harsh due to gross overcrowding, inadequate sanitary conditions, difficulties obtaining medical care, and violence among prisoners.

Physical Conditions: Overcrowding was a problem. As of July the prison population exceeded the designed capacity of prisons by 22 percent, according to official statistics. Although the Ministry of Justice made efforts to expand prison capacity and improve conditions in accordance with international standards, some prisons, as well as the comprehensive care units (minimum-security prisons), remained overcrowded, with the population in pretrial detention experiencing the most overcrowding. Authorities held male pretrial detainees with convicted prisoners on occasion.

The Ministry of Justice was responsible for the prison system, while the Immigration Office maintained a migration facility in Heredia holding undocumented migrants until they were deported or regularized their migration status. In August the central migrant detention center received American Correctional Association accreditation.

On October 4, the Constitutional Chamber of the Supreme Court ruled in favor of a petition filed by the head of the judicial investigative police to allow the temporary transfer of detainees who were held for more than 72 hours in investigative police jails to the San Sebastian detention center, which had a court closure order for overcrowding. During a hearing at the National Assembly on June 24, the minister of justice explained that a lack of personnel was the reason the new Institutional Attention Center located in San Rafael of Alajuela, with capacity for 1,250 inmates, had not been opened, despite the overcrowding in prisons.

On January 8, the Constitutional Chamber of the Supreme Court ordered the prison administration to install video cameras at a comprehensive care unit located in Alajuela to monitor the searches, after a prisoner filed a petition for protection for allegedly having been beaten during a search in 2020.

Poor conditions included inadequate space for resting, deteriorated mattresses on the floor, and inadequate access to health services. Illegal narcotics were readily available in the prisons, and drug abuse was common. In January the Ministry of Justice announced that telephone companies blocked mobile phone signals inside 20 prisons to prevent inmates from carrying out illegal activities while incarcerated.

Administration: The Ombudsman’s Office investigated all prisoner complaints, including credible allegations of mistreatment.

Independent Monitoring: The government permitted independent monitoring of prison conditions by international and local human rights observers. The Office of the UN High Commissioner for Refugees (UNHCR) monitored the migration detention facility, and the government ombudsman monitored all other detention centers, with UNHCR visiting monthly and the ombudsman preparing annual reports.

Cote d’Ivoire

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. The government did not provide information regarding reports of abuse within prisons, or mechanisms to prevent or punish such abuses. Human rights organizations reported that detainees and prisoners were subject to violence and abuse, including beatings and extortion, by members of the security forces and prison officials and that the perpetrators of these acts went unpunished. Human rights organizations reported mistreatment of detainees between arrest and being booked into prison. Human rights organizations reported that some prisoners arrested for crimes allegedly committed during the presidential electoral period in 2020 were subject to abuse by security forces during their arrest and incarceration in 2020, including being denied medicine for chronic conditions, beatings, and electric shocks.

Prison authorities acknowledged abuse might happen and go unreported, since prisoners fear reprisals.

Impunity was a problem in the security forces. Military police and the military tribunal investigated and prosecuted abuses.

Prison and Detention Center Conditions

Prison conditions were harsh and unhealthy due to gross overcrowding, inadequate sanitary conditions, insufficient and low-quality food, understaffing, and lack of proper medical care.

Physical Conditions: The government acknowledged prison overpopulation was a problem and that existing facilities, originally built to hold no more than 8,000 prisoners, were insufficient to hold the total prison population of more than 23,000 as of mid-August. In at least one prison, the inmates reportedly slept packed head-to-toe on the floor.

Prisons generally held men and women in separate prison wings. The government reported that juveniles were generally held separately from adults, except girls were sometimes held with women due to a lack of cell space. The children of female inmates sometimes lived with their mothers in prison. Additionally, prisons sometimes held pretrial detainees together with convicted prisoners. Human rights organizations reported that prisons did not provide special care for prisoners with disabilities. Some human rights organizations reported that prominent prisoners or those who had been politically active sometimes enjoyed slightly better living conditions than other prisoners.

Human rights organizations received reports of prisoner deaths due to malnutrition. The government reported that, as of mid-August, 156 prisoners had died in prison. The government did not provide further details on the causes of death but noted none resulted from prisoner-on-prisoner violence. A human rights organization reported that a prisoner arrested in October 2020 died in March after a severe deterioration in his health and transfer from prison to a local hospital.

Human rights organizations reported prisoners in some prisons did not get enough food to meet daily caloric needs. Human rights organizations reported that wealthier prisoners could buy food and other amenities, as well as hire staff to wash and iron their clothes, while poorer inmates did not receive sufficient food on a regular basis. Families routinely supplemented the rations of relatives in prison if they had the means. Under certain circumstances the government allowed nongovernmental organizations (NGOs) to provide prisoners with food and nonfood items, including items to prevent the spread of COVID-19, such as masks, isolation tents, and hygiene kits.

According to the government, each prison facility had a medical clinic staffed with a nurse, doctor, or both available 24 hours a day. A human rights organization reported, however, that only the country’s main prison had a doctor, while medical care in smaller prisons was provided by nurses, some without the necessary qualifications. The organization further reported prisoners did not always have access to these medical professionals. Some human rights organizations reported that no medical staff worked in some prisons at night. Inmates were required to inform prison guards if they needed medical attention, and guards escorted prisoners to the prison clinic. Inmates with severe medical conditions were transferred to outside hospitals. A human rights organization reported that guards did not always remain within earshot of prison cells at night, making it difficult for prisoners to inform them in the event of medical emergencies. Each prison clinic had a supply of pharmaceuticals, although human rights organizations reported that clinics often lacked necessary medicines, particularly for chronic diseases such as diabetes and hypertension, endemic diseases such as malaria, and other conditions like scabies and diarrhea. In these cases, inmates’ families had to acquire the medication from an outside pharmacy.

Human rights organizations observed that prisoners sometimes slept without mattresses. Poor ventilation and high temperatures, exacerbated by overcrowding, remained problems in some prisons. While potable water generally was available in prisons and detention centers, water shortages were common. Overcrowding and lack of personal protective equipment, such as masks, prevented prisoners from adhering to physical distancing measures to protect against COVID-19.

Within detention facilities unsanitary conditions persisted, including detainees living near toilets.

Information on conditions at detention centers operated by the Directorate of Territorial Surveillance (DST) was not readily available.

Administration: Inmates may submit complaints of abuse to prison directors; however, the government did not provide information on such complaints. The government reported as of August no confirmed cases in which prison officials committed physical abuse against inmates under their supervision. Human rights organizations, however, reported alleged physical abuse and extortion of prisoners by prison officials and that many prison guards were poorly trained. Authorities generally permitted visitors in prisons on visiting days, although visitation restrictions and prohibitions implemented at some prisons due to COVID-19 affected this practice. Human rights organizations observed that, in detention centers operated by the DST, requests for access to prisoners by their lawyers and families were typically not formally refused but instead made virtually impossible by bureaucratic requirements.

Independent Monitoring: The government generally permitted some local and international NGOs adequate access to prisons, but access to detention centers run by the DST was more restricted. Some of these organizations reported having access to prisons only when they formally requested such access in advance.

Crimea

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were widespread reports that occupation authorities in Crimea tortured and otherwise abused residents who opposed the occupation. According to the Crimean Human Rights Group, “The use of torture by the FSB and the Russia-led police against Ukrainian citizens became a systematic and unpunished phenomenon after Russia’s occupation of Crimea.” Human rights monitors reported that Russian occupation authorities subjected Crimean Tatars and ethnic Ukrainians in particular to physical abuse. For example on March 10, the FSB detained freelance RFE/RL journalist Vladyslav Yesypenko in Crimea on charges of “illegal production, repair, or modifying of firearms.” After his initial arrest, OHCHR reported that Yesypenko was tortured by FSB officers for several hours to obtain a forced confession on cooperating with Ukrainian intelligence agencies. According to the HRMMU, occupation authorities reportedly denied Yesypenko access to a lawyer during his first 28 days in detention and tortured him with electric shocks, beatings, and sexual violence in order to obtain a confession.

Occupation authorities reportedly demonstrated a pattern of using punitive psychiatric incarceration as a means of pressuring detained individuals. For example, according to the Crimean Human Rights Group, on March 5, occupation authorities transferred Ernest Ibrahimov to the Crimean Clinical Psychiatric Hospital for forced psychiatric evaluation. Ibrahimov was one of seven Muslims arrested on February 17 and charged with having attended a mosque allegedly belonging to the Islamic organization Hizb ut-Tahrir, which is banned in Russia as a “terrorist” group but is legal in Ukraine. Human right defenders viewed the authorities’ move as an attempt to break his client’s will and intimidate him.

According to the Crimean Human Rights Group, as of September 1, approximately 16 Crimean Tatar defendants had been subjected to psychiatric evaluation and confinement against their will without apparent medical need since the beginning of the occupation (see section 1.d.).

Human rights monitors reported that occupation authorities also threatened individuals with violence or imprisonment if they did not testify in court against individuals whom authorities believed were opposed to the occupation.

Prison and Detention Center Conditions

Prison and detention center conditions reportedly remained harsh and life threatening due to overcrowding and poor conditions.

Physical Conditions: The Crimean Human Rights Group reported inhuman conditions in official places of detention in Crimea. According to an August report by the UN secretary-general, inadequate conditions in detention centers in Crimea could amount to “inhuman or degrading treatment or punishment, or even torture.” According to the report, prisons in Crimea were overcrowded, medical assistance for prisoners was inadequate, and detainees complained of systematic beatings and humiliating strip searches by prison guards.

Overcrowding forced prisoners to sleep in shifts and to share beds. According to the Crimean Human Rights Group, detainees held in the Simferopol pretrial detention center complained of poor sanitary conditions, broken toilets, and insufficient heating. Detainees diagnosed with HIV as well as with tuberculosis and other communicable diseases were kept in a single cell. On April 15, the Kharkiv Human Right Protection Group reported that Ivan Yatskin, a Ukrainian detained by occupation authorities in 2019 on charges of treason, had been held in a basement cell infested with bedbugs, mold, and rats since April 9 after being transferred from a prison in Moscow to Simferopol. Yatskin’s lawyer claimed Yatskin’s cellmates repeatedly threatened to harm him and his family members. According to the Crimea Human Rights Group, occupation authorities withheld medicine Yatskin needed to treat a leg ulcer and chest injury. On May 21, occupation authorities sentenced Yatskin to 11 years in prison. Human rights groups called the ruling politically motivated and considered Yatskin a political prisoner.

There were reports detainees were denied medical treatment, even for serious health conditions. According to the June UN secretary-general’s special report, detainees often had to rely on relatives to provide medicine, since the medical assistance provided at detention centers was inadequate. For example, Kostiantyn Shyrinh, a 61-year-old Ukrainian detained by occupation authorities in May 2020 on charges of espionage and suffering from cardiovascular disease, was consistently denied medical treatment by occupation authorities at the Simferopol pretrial detention facility despite numerous requests for medical assistance. During an August 12 court appearance, Shyrinh required emergency medical treatment, and an ambulance was called at the request of his lawyer. Prison authorities reportedly retaliated against detainees who refused Russian Federation citizenship by placing them in smaller cells or in solitary confinement.

Administration: Authorities generally did not investigate allegations of torture and mistreatment. Authorities sometimes did not allow prisoners and detainees access to visitors or religious observance. According to defense lawyers, prisoners considered Russian citizens by the Russian Federation were denied Ukrainian consular visits, and some Crimean residents were transferred to prison facilities in Russia without Ukrainian passports.

Independent Monitoring: Occupation authorities did not permit monitoring of prison or detention center conditions by independent nongovernmental observers or international organizations. Occupation authorities permitted the “human rights ombudsperson,” Lyudmila Lubina, to visit prisoners, but human rights activists regarded Lubina as representing the interests of occupation authorities and did not view her as an independent actor.

Croatia

Section 1. Respect for the Integrity of the Person:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but, according to the Office of the Ombudsperson, there were several reports of physical and verbal mistreatment among prisoners.

Prison and Detention Center Conditions

Some prison conditions were inadequate due to overcrowding, a propensity for violence among inmates, and a lack of health professionals working in the prison system.

Physical Conditions: The ombudsperson’s 2020 annual report stated that the COVID-19 pandemic and two devastating earthquakes that hit Zagreb and Sisak-Moslavina county in March and December 2020, respectively, affected the prison system. The March 2020 earthquake in the city of Zagreb caused minor damage to the prison hospital building while the earthquake in Sisak-Moslavina county caused significant damage to the prisons in Sisak and Glina. COVID-19 exacerbated some prison conditions, including a lack of organized social activities for inmates. The ombudsperson’s report stated overcrowding remained a problem in some prisons and that many detained persons resided in conditions that did not meet legal and international standards. Some inmates reported physical, sexual, and psychological violence perpetuated by other inmates. Those individuals often belonged to vulnerable groups, such as the Romani community or individuals with intellectual challenges. Some prisons, for example in Lepoglava, sought to suppress violence among prisoners by transferring abused prisoners to other facilities and collecting relevant data regarding incidents better. The ombudsperson’s report stated that such actions were often considered reactive and insufficient. The ombudsperson’s report noted a lack of adequate facilities and employees, especially health workers within the prison system.

In addition the ombudsperson reported the most frequent complaints were inadequate health care, followed by inappropriate conduct of prison officials, inadequate accommodation conditions, inadequate legal remedies for complaints, and violence among inmates. The ombudsperson’s report described regular site visits to 20 police stations and three detention centers in the country. The report described partial compliance with the standards of the Council of Europe’s Committee for the Prevention of Torture (CPT) at seven police stations. Although the standards stipulate that detention facilities must be equipped with water and flush toilets, some facilities did not have them. Video surveillance in some police stations included coverage of a sanitary facility located outside the detention room, which endangered the right to privacy. In some stations, due to lack of space, medical examinations were carried out in the corridors, contrary to medical confidentiality standards. After observing these issues during initial visits, the report noted that some police stations implemented recommendations regarding the conditions in follow-up visits.

Administration: The ombudsperson’s report stated detained persons frequently turned to the ombudsperson to address these issues due to the ineffectiveness of legal remedies. The ombudsperson investigated credible allegations of mistreatment and issued recommendations to improve conditions for detained persons. During 2020 the National Preventive Mechanism (NPM) conducted 26 visits of locations housing persons deprived of liberty, including 20 police stations, three police detention units, one educational institution, and restricted psychiatric wards in two hospitals.

Independent Monitoring: The government permitted monitoring by independent, nongovernmental observers. The ombudsperson carried out tasks specified in the NPM and is authorized to make unannounced visits to facilities where individuals are deprived of liberty. The CPT and the European Network of National Human Rights Institutions also made visits in recent years.

Improvements: In November 2020 the reconstruction of the water system and sanitary facilities and renovation of 22 prison rooms in Osijek prison was completed at a cost of approximately 1.8 million kuna ($294,000).

Cuba

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were recurring reports that members of the security forces and their agents harassed, intimidated, and physically assaulted human rights and prodemocracy advocates, political dissidents, and peaceful demonstrators, and that they did so with impunity. Some detainees and prisoners endured physical and sexual abuse by prison officials or other inmates at the instigation of guards. Although the law prohibits coercion during investigative interrogations, police and security forces at times used aggressive and physically abusive tactics, threats, and harassment during questioning. Detainees reported officers intimidated them with threats of long-term detention, loss of child-custody rights, denial of permission to depart the country, and other punishments.

On July 11, police violently arrested Gabriela Zequeira Hernandez, a 17-year-old who happened upon the protests while walking home from the hairdresser. Upon her admission to Cien y Alabo Prison where she was held 10 days incommunicado, authorities forced her to remove her clothes and put a finger in her vagina to verify she was concealing nothing. Officers kept interrupting her attempts to sleep, and one officer made sexual taunts and threatened her with sexual violence. She was sentenced to eight months’ house arrest for “public disorder,” for participating in the demonstrations.

On July 12, uniformed policemen arrested and beat Maria Cristina Garrido Rodriguez and her sister Angelica Garrido Rodriguez for participating in the July 11 protests in Quivican. Angelica passed out three times from the beatings. They transferred the sisters to a police station, where Maria Cristina received another beating. That afternoon police transferred them to the “del Sida” prison located in San Jose de las Lajas, where a female guard beat Maria Cristina. Authorities then put her in a cell so small she could not sit or lie down, and she began to experience severe headaches. Later they repeatedly forced her to shout “Long Live Fidel!” Authorities accused both sisters of public disorder, resistance, spreading an epidemic, attacks, and being protest organizers, despite having no evidence against them.

Amid the worst wave of the COVID-19 pandemic in the country, prisoners reported being crowded into communal cells with only two cups to share for water and then being charged with “propagating an epidemic” for having participated in a protest. Prisoners reported being told they would not be released until the wounds from their beatings at the hands of police were healed. Others were told the local head of the Communist Party’s Comites de Defensa de la Revolucion (Committees for the Defense of the Revolution, local groups used for political surveillance) would be notified when they were released.

State security officials frequently deployed to countries such as Venezuela and Nicaragua, where they trained and supported other organizations in the use of repressive tactics and human rights abuses and sometimes participated in the abuses directly. Cuban security force members embedded in the Maduro regime’s security and intelligence services in Venezuela were instrumental in transforming Venezuela’s Directorate General of Military Counterintelligence (DGCIM) into a large organization focused on surveilling Venezuelans and suppressing dissent. UN reports accused the DGCIM of torture, and many former Venezuelan prisoners said that Cubans, identified by their distinctive accents, supervised while DGCIM personnel tortured prisoners.

Impunity was pervasive. There were no known cases of prosecution of government officials for any human rights abuses, including torture and other cruel, inhuman, or degrading treatment or punishment.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening. There were credible reports of assault by prison officials, overcrowding, and deficiencies in facilities, sanitation, and medical care.

The government did not publish official statistics on its prisons or allow international monitors to inspect them. The government provided no information regarding the number, location, or capacity of detention centers, including prisons, work camps, and other kinds of detention facilities. The Spain-based nongovernmental organization (NGO) Cuban Prisoners Defenders estimated that the government had more than 200 such facilities.

Physical Conditions: Prison and detention cells reportedly lacked adequate water, sanitation, light, ventilation, and temperature control. Although the government provided some food and medical care, many prisoners relied on their families for food and other basic supplies. Potable water was often unavailable. Prison cells were overcrowded. Women reported lack of access to feminine hygiene products and inadequate prenatal care. Prison officials also arbitrarily denied friends, family, and diplomatic personnel visitor access to prisoners, citing COVID-19 as their rationale.

Dissident artist Hamlet Lavastida said he shared a 10-foot by 2.5-foot cell with three other prisoners. A white light remained on at all hours, while government propaganda played constantly and loudly nearby. While prisoners were supposed to go outside daily for 10-minute intervals, prison authorities permitted Lavastida to go outside only five times during his three-month incarceration.

Prisoners, family members, and NGOs reported inadequate health care in prisons, which led to or aggravated multiple maladies. Prisoners reported outbreaks of dengue fever, tuberculosis, hepatitis, and cholera. Uncontrolled COVID-19 outbreaks ravaged several detention facilities. There were reports of prisoner deaths following official indifference to treatable medical conditions such as asthma, HIV, AIDS, and other chronic medical conditions as well as suicide. Authorities rarely if ever supplied medicine. Radio Marti reported that prison officials in Cienfuegos denied medical assistance to Carlos Samir Cardenas Cartalla, the Cuban Union (UNPACU) political group Camaguey coordinator.

Political prisoners were held jointly with the general prison population. Political prisoners who refused to wear standard prison uniforms were denied certain privileges, such as family visits, access to prison libraries, reductions in the severity of their sentence, or transfer from a maximum-security to a medium-security prison.

There were credible reports that prison officials assaulted inmates. Political prisoners also reported that fellow inmates, acting on orders from or with the permission of prison authorities, threatened, beat, intimidated, and harassed them.

Prisoners reported solitary confinement was a common punishment for failure to comply with prison regulations, and some prisoners were isolated for months at a time. Some prisoners were held incommunicado, without being able to contact friends or family until they were released.

The government subjected prisoners who criticized the government or engaged in hunger strikes and other forms of protest to extended solitary confinement, repeated interrogations, assaults, restrictions on family visits, and denial of medical care.

Administration: Authorities did not investigate credible allegations of mistreatment. Prisoners reported government officials refused to accept or respond to complaints.

Some prisoners and pretrial detainees had access to visitors, although it was not unusual for political prisoners’ relatives to report that prison officials arbitrarily canceled scheduled visits or denied visits altogether. This was particularly true for persons incarcerated following the July 11 protests.

Independent Monitoring: The government did not permit independent international or domestic human rights groups to monitor prison conditions, and it denied access to detainees by international humanitarian organizations. Although the government pledged in previous years to allow a visit by the UN special rapporteur on torture and other cruel, inhuman, and degrading treatment or punishment, no visit occurred during the year.

Cyprus

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports that police at times engaged in abusive tactics and degrading treatment, sometimes to enforce measures adopted by the government to mitigate the spread of COVID-19. According to press reports and nongovernmental organizations (NGOs), members of ethnic and racial minorities were more likely to be subjected to such treatment.

On February 13, police in Nicosia dispersed an anticorruption and antilockdown protest using a water cannon and tear gas. The police action resulted in several injuries among the 300 to 400 protesters and at least 10 arrests. The police water cannon injured a demonstrator’s eye, requiring emergency surgery. While then justice minister Yiolitis stated that police did not have orders to use force to break up the gathering (which had been banned for violating COVID-19 restrictions), critics pointed out that police arrived prepared to do so, equipped with riot gear and prepositioning a water-cannon vehicle. A police spokesperson stated police used force only after demonstrators ignored warnings to disperse and threw rocks and other objects at officers. The ruling Democratic Rally party (DISY) released a statement saying the police action appeared excessively violent, and the attorney general consented to a criminal investigation by the Independent Authority Investigating Complaints against the Police. The Independent Authority recommended on October 14 that the attorney general pursue criminal prosecution and disciplinary action against police officers involved in the incident. The ombudsman concurred with the recommendation. The main opposition party, the Progressive Party of Working People, and some members of parliament called upon the minister of justice and chief of police to resign.

The most recent report of the Council of Europe’s Committee for the Prevention of Torture (CPT), published in 2018, on the country’s prison and detention centers noted persistent, credible allegations of police mistreatment of detainees, including allegations of physical and sexual abuse.

The ombudsman, who also acts as the country’s national preventive mechanism under the Optional Protocol to the UN Convention against Torture, reported it was investigating complaints from citizens of verbal, discriminative, and degrading treatment by police. Unlike in previous years, the ombudsman did not receive any complaints of mistreatment and discriminatory and degrading behavior, including complaints of verbal, physical, and sexual abuse, from inmates in detention centers and the Cyprus Prisons Department (CPD), the country’s only prison. The ombudsman reported that complaints received in 2020 regarding prisoner abuse at the CPD were still under investigation. The ombudsman noted continued improvement overall in the treatment of prisoners and detainees in the CPD and in detention centers.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

As in previous years, some prison and detention centers, including detention centers for asylum seekers and undocumented migrants pending deportation, were overcrowded.

Physical Conditions: Overcrowding remained a problem in the CPD. The prison’s capacity is 543; the maximum number of inmates held during the year was 793. In its 2018 report, the CPT noted that in Blocks 1, 2, 5, and 8 of the CPD, many cells did not have toilets, and prisoners lacked reliable access to toilets at night. Overcrowding was not a problem in the area holding female inmates or in the open prison, a section for prisoners allowed to work outside the prison and visit family on some weekends.

Prison authorities held juvenile pretrial detainees in cells separate from convicted juveniles, but the two groups shared the same grounds in their daily activities under the supervision of prison staff. Authorities reportedly held migrants detained on deportation orders together with detainees charged with criminal offenses in nearly all police stations. Such detentions at police stations were limited to a maximum of 48 hours except in cases when the Mennoyia Immigration Detention Center for undocumented migrants was full. The ombudsman noted that at times authorities detained undocumented migrants for longer than 24 hours, which the ombudsman asserted was improper treatment of detainees.

The ombudsman reported that it had not received complaints from prisoners related to overcrowding or the failure to separate prisoners at the CPD. The ombudsmans’s office did, however, launch an investigation into these problems in 2020. The investigation continued at year’s end.

In response to the March 2020 CPT Statement of Principles Relating to the Treatment of Persons Deprived of their Liberty in the context of the COVID-19 pandemic, the government amended the prison law in April 2020 to reduce the prison population. Some prisoners received early release, were shifted to the open prison, or were allowed to serve the remainder of their sentence under electronic surveillance (bracelet) at home.

During the year the ombudsman inspected Aradippou police station and Mennoyia Immigration Detention Center for undocumented migrants. During the inspection of Aradippou police station, the ombudsman found one person had been detained for deportation from November 2020 to March. At the ombudsman’s recommendation, the detainee was transferred to Mennoyia Immigration Detention Center. Full reports on the inspections of Aradippou police station and Mennoyia Immigration Detention Center were pending at year’s end.

The NGOs Cyprus Refugee Council and CARITAS reported satisfactory physical conditions at the Mennoyia Immigration Detention Center for undocumented migrants. Unlike in previous years, the NGO Action for Equality, Support, Antiracism (KISA) was unable to visit the Mennoyia center because the Ministry of Interior deregistered KISA in December 2020 (see section 2.b., Freedom of Association).

Approximately 51 percent of prisoners in the CPD were non-Cypriots convicted mainly of immigration-related crimes, such as illegal entry and possession of counterfeit documents. Unlike some Cypriot prisoners, foreign prisoners without a temporary residence permit were not permitted to leave the prison to work, spend weekends with family, or apply for parole.

Administration: Authorities generally conducted investigations into credible allegations of mistreatment. In 2018 the CPT raised concerns that insufficient resources as well as personal ties between accused police officers and investigators (most of whom were former police officers) weakened investigations into allegations of police abuse.

The ombudsman conducted regular visits to the CPD and detention centers to assess whether conditions and treatment of prisoners and detainees met national and international standards and regulations. In September 2020 the ombudsman launched an investigation into the overall treatment of prisoners and detainees and the physical conditions at the CPD. The ombudsman’s office visited the CPD several times to inspect the living quarters of prisoners and detainees and conducted confidential interviews with inmates. The ombudsman’s investigation continued at year’s end.

Detention centers lacked facilities for religious observance. Religious representatives were permitted to visit inmates.

During the year the ombudsman launched an investigation into the possibility of censorship of complaints submitted to her office by prisoners and detainees at the CPD and at Mennoyia Immigration Detention Center. The ombudsman also investigated a complaint submitted by relatives of a CPD detainee that he was locked in his cell for a long period of time and relatives could not contact him. Both investigations continued at year’s end.

Independent Monitoring: The government permitted visits to prison and detention centers by independent human rights observers, and unrestricted and unannounced visits occurred during the year. Prison officials from other EU countries and diplomats stationed in the country visited the prisons during the year. According to the Ministry of Justice, representatives of the ombudsman, the Cyprus Red Cross, and the Cyprus Refugee Council visited the Mennoyia Immigration Detention Center multiple times during the year. Representatives of the European Border and Coast Guard Agency visited Paphos Police Detention Center and representatives of the Cyprus Refugee Council visited Lakatamia Police Detention Center.

Czech Republic

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and other cruel and inhuman treatment.

In its 2020 annual report, the ombudsman again recommended amendments to laws regulating the treatment of persons in detention facilities. The report highlighted that some less serious forms of “ill-treatment” (mistreatment) were not punishable and that persons in some facilities that impose restrictions on movement (e.g., psychiatric institutions, senior homes) do not have access to an independent investigative body.

In June the military police recommended that a prosecutor bring charges against four unidentified members of the special-forces unit of the army. The recommendation was based on the investigation of a 2018 interrogation and subsequent death of an Afghan commando. The soldiers and the victim were engaged in the NATO mission in Afghanistan, and the soldiers reportedly interrogated the victim after he killed a Czech soldier. According to media reports, military police recommended that two of the four accused be charged with the use of force and failure to follow orders and the other two with not providing assistance and violating the rules of conduct. The prosecutor’s decision on whether to file charges was pending as of September.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

The main concerns for prison conditions included high prison populations, overcrowding, poor sanitary conditions in some prisons, mistreatment of inmates, lack of medical staff, lack of support programs and services inside prisons, and generally unsatisfactory conditions for inmates with physical or mental disabilities.

Physical Conditions: Prison overcrowding improved but remained a problem. On average facilities for prisoners were at almost 95 percent of capacity in the first eight months of the year, a decrease from 2020. Observers noted, however, that the lower numbers were mainly caused by delays in criminal proceedings related to the COVID-19 pandemic and more frequent use of alternative sentences. Several prisons remained at more than 110 percent of capacity.

According to the Prison Service, there were 23 deaths in prisons and detention facilities in 2020, compared to 40 in the previous year. All cases were investigated. There was a notable increase in deaths from suicide, with 17 cases reported in 2020 compared to 11 in 2019.

The ombudsman’s report for 2020 noted that many types of detention centers had significant problems related to social isolation and restrictions on movement due to COVID-19 pandemic measures. The ombudsman also highlighted intrusive restraining measures of patients in psychiatric departments.

Administration: Specialized public prosecutors are responsible for regular prison visits, which the ombudsman cited as a useful tool for monitoring conditions. The ombudsman investigated credible allegations of inhuman conditions and made random checks.

Due to the COVID-19 pandemic, many prisoners faced either a ban on all visits or restriction on the number of visitors to one person, which in some cases prevented prisoners from receiving visits from their children. In some cases, administrators allowed for virtual visits using Skype. After advocacy by the ombudsman, the restrictions on visitor numbers were revised to allow visits by family or close friends and relatives.

In November 2020 the Constitutional Court ordered a new investigation into the 2018 alleged abuse of a prisoner by six prison guards in one of the country’s highest-security detention facilities. The prisoner, who was on hunger strike, alleged that he fell to the ground and was attacked by four guards while being escorted to the prison’s complaint department. When he was taken in handcuffs to the doctor for treatment, two guards allegedly threw him down the stairs at the infirmary. The General Inspectorate of Security Forces suspended the case after a yearlong investigation, a decision supported by prosecutors. The Constitutional Court found that the prisoner’s rights to an effective investigation and other legal protection were violated and ordered an additional investigation, which continued as of year’s end. In a separate case, in May the General Inspectorate of Security Forces initiated a criminal investigation of 15 guards in a different prison who allegedly verbally and physically abused prisoners from February 2020 to January 2021. If convicted, some face three to 10 years in prison for abuse of official authority.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local and international human rights groups, including the European Commission’s Committee for the Prevention of Torture and by media. Monitoring was conducted less regularly due to restrictive measures imposed to prevent the spread of COVID-19.

Improvements: The government introduced new guidelines on providing medical treatment to prisoners that were designed to increase prisoners’ privacy, permit reporting signs of any mistreatment, and ensure the security of medical personnel.

Democratic Republic of the Congo

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law criminalizes torture, but there were credible reports the SSF continued to abuse and torture civilians, particularly detainees and prisoners. Impunity among the FARDC for mistreatment was a problem, although the government continued to make limited progress in holding security forces accountable for human rights violations and abuses. The UNJHRO reported that during the first half of the year, 84 PNC officers, 196 FARDC soldiers, and 122 members of armed groups were convicted of acts constituting human rights violations, reflecting a significant effort by judicial authorities to combat impunity.

According to the Conduct in UN Field Missions online portal, there was one open allegation of sexual exploitation and abuse by Congolese peacekeepers deployed to UN peacekeeping missions. Of the 32 allegations against Congolese military personnel deployed to peacekeeping missions from 2015 to the present, the United Nations repatriated six perpetrators, all of whom received prison time upon return to the country. The United Nations and the local government were conducting 27 investigations that remained pending as of September.

During the year the government acted to increase respect for human rights by the security forces. The PNC has a special Child Protection and Sexual Violence Prevention Squadron, and much police training addressed sexual and gender-based violence, such as mining police training in North and South Kivu and community policing programs in Haut-Katanga and Eastern Kasai. From January through June, the UNJHRO supported 46 capacity-building sessions on international human rights law, international humanitarian law, and the prevention of conflict-related sexual violence for a total of 1,705 participants from both the FARDC and PNC. MONUSCO also collaborated with the FARDC to screen recruits and prevent children from joining the military.

Prison and Detention Center Conditions

Conditions in most prisons throughout the country were harsh and life threatening due to food shortages, gross overcrowding, and inadequate sanitary conditions and medical care. Harsher conditions prevailed in small detention centers run by the ANR, Republican Guard (RG), or other security forces, which often detained prisoners for lengthy pretrial periods without providing them access to family or legal counsel.

Physical Conditions: Serious threats to life and health were widespread and included violence (particularly rape), food shortages, and inadequate potable water, sanitation, ventilation, temperature control, lighting, and medical care. Most prisons were understaffed, undersupplied, and poorly maintained, leading to corruption and poor control of the prison population, as well as prison escapes. The UNJHRO reported that detention center conditions deteriorated during the year, particularly those in western provinces, where increases in the prison population and a lack of upkeep contributed to the decay. The UNJHRO recorded a total of 154 deaths in detention through June, a 42 percent decrease from the same period in the previous year. Malnutrition, poor hygiene, lack of access to medical care, and mistreatment were the primary causes of these deaths. A human rights activist attributed the decrease in deaths to improved nutrition.

Local media reported that the Ministry of Justice, which oversees prisons, had insufficient funds to pay for food or medical care for inmates, who instead relied on relatives, NGOs, and church groups to provide them sustenance. Because funds often did not reach prisons in the provinces in a timely manner, there were gaps in food distribution. Human rights monitors reported a 15 percent mortality rate at Kongo Central prison from a lack of nourishment and sanitation.

Central prison facilities were severely overcrowded, with an estimated occupancy rate of 200 percent of capacity. For example Makala Central Prison in Kinshasa, which was constructed in 1958 to hold 1,500 prisoners, held as many as 8,200 inmates simultaneously during the year. Three prisons in the eastern provinces were more than 200 percent capacity, with another at 590 percent capacity. Prisoners were held in buildings originally built for other purposes. For example in Kanana, prisoners were living in a former school. In August the director of the Central Prison of Bunia noted in an interview with local press that the incarceration of those in preventive detention had caused a serious problem of overpopulation. Prisoners were not released due to the COVID-19 pandemic, although some human rights activists advocated for it.

Prisons rarely make accommodations for persons with disabilities. In November disability rights NGO Congo Handicap conducted missions in several prisons to assess conditions for persons with disabilities. Congo Handicap described unsanitary and life-threatening prison conditions, such as the lack of ventilation and toilets, which posed major health risks for persons with disabilities. Poor ventilation subjected detainees to extreme heat. The NGO also cited a lack of accessibility, procedures, and sign language interpreters as examples of problems that affect detained persons with disabilities.

Approximately 110 individuals escaped from correctional facilities through June, compared with 295 documented escapes for the same period in the previous year. More than 1,300 prisoners escaped in North Kivu Province when rebels released the prisoners, some of whom joined the rebels in fighting. The UNJHRO reported that police shot four inmates of Goma Prison who were trying to escape following the volcanic eruption of Mount Nyiragongo in May. In July the UNJHRO reported that 18 prisoners escaped from a hidden detention center in South Kivu.

Authorities rarely separated pretrial detainees from convicted prisoners. Authorities generally confined men and women in separate areas but often held juveniles with adults, especially women with female minors. Women were sometimes imprisoned with their children. International observers noted that children who had been victims of sexual violence and often separated from their families in the eastern conflict zones were sometimes detained with adults.

Violence continued to be a problem in certain prisons. According to human rights observers, prisoners themselves were sometimes given the responsibility to maintain order and mistreated others. Human Rights Watch (HRW) reported that in July the investigation had stalled into a group of prisoners who took over the Kasapa Prison in Lubumbashi, chased out the guards, set fire to the buildings, and attacked and raped approximately 37 women in the prison for three days before some semblance of order was restored. Many of these women never received adequate medical or psychological care. A prominent human rights observer noted that rape of new male prisoners was considered initiation in one prison.

Generally medical doctors at the prisons did not receive salaries, leading them to work elsewhere to make money. Prisons rarely had a budget for in-house pharmacies, and while prisoners sometimes obtained medication such as pain relievers, prescription medication was generally unavailable, meaning prisoners must rely on their families. Prisoners who are sick and need to be transferred must have the signatures of all designated officials for the transfer. In some cases prisoners who were refused transfer subsequently died. For example, the UNJHRO reported that in February in Tanganyika Province, a 59-year-old detainee died in the central prison from severe diarrhea after the judicial inspector rejected all transfer requests to the hospital in the absence of the prosecutor. Another detainee died in the same prison in February under similar conditions. A prominent human rights observer reported that some prisoners were refused transfers for medical care due to political reasons.

Guards, psychologists, and cooks also generally did not receive salaries, which led to a variety of buying and selling arrangements. Human rights observers reported that the salaries went to those who were retired and no longer working in the prisons. In the provinces there were reports of extortion, where families had to provide guards with food to visit detained family members. Directors and staff generally operated prisons for profit, selling sleeping arrangements to the highest bidders and requiring payment for family visits. For example, HRW reported that in April two activists from the youth civil society movement LUCHA were arrested and held at an intelligence agency detention facility for two days before being sent to a severely overcrowded prison, where they had to pay to be allowed to bring in a mattress. HRW also reported in April that another activist from LUCHA had to pay to avoid being tortured after he was arrested and spent the night in a cell at the prosecutor’s office. In February the African Association for Human Rights condemned the purchase of presidential pardons at Kinshasa Makala Prison, where administrative staff asked to be paid amounts ranging from 200,000 to 300,000 Congolese francs ($100 to $150), a sum comparable to a civil servant’s monthly salary, to add inmates to the list of recipients of the presidential pardon.

Administration: Authorities denied access to visitors for some inmates and often did not permit inmates to contact or submit complaints to judicial authorities. The UNJHRO pointed to the lack of experience of these authorities in recently created provinces as a threat to human rights in the provinces. Furthermore, the lack of resources for the judicial system, including staffing shortages and a lack of magistrates to process detainee caseloads, prevented the effective administration of justice. MONUSCO also cited outdated prison laws and poor data and records management among the prison problems.

Independent Monitoring: The government regularly allowed the International Committee of the Red Cross, MONUSCO, and NGOs access to official detention facilities maintained by the Ministry of Justice, but it sometimes denied access to facilities run by the RG, ANR, and military intelligence services. COVID-19 restrictions negatively affected monitoring efforts.

Denmark

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were some reports government officials employed them.

Several committees in the country’s Universal Periodic Review (UPR) in the UN Human Rights Council (UNHRC) expressed concern that coercive measures were used in mental health institutions, and that coerced treatment and the use of restraint in institutions remained legal. In February the Danish Institute against Torture (DIGNITY) published a briefing note finding the country’s 2014 action plan to reduce the use of coercion in psychiatric institutions by 50 percent by 2020, including a 50 percent reduction in the use of mechanical restraints with belts, did not meet its goals. According to a 2020 report released by the Health Authority, the use of belt restraints decreased, but the prevalence of patients subjected to one or several coercive methods increased in comparison to the pre-action plan statistics during a 12-month study period between July 2019 and June 2020.

The European Court of Human Rights (ECHR) concluded in September 2020 that the government had violated the prohibition of inhuman treatment in a case where belt restraints had been used on a patient for nearly 23 hours. On February 3, the Supreme Court held that restraining with belts for 281 consecutive days was a violation of the prohibition of inhuman treatment. The case related to a patient who was detained at a psychiatric institution while awaiting a transfer to a more specialized psychiatric hospital in 2015. The European Committee for the Prevention of Torture (CPT), the Audit Office, and the ombudsman criticized the use of belt restraints.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Authorities continued to hold convicted prisoners together with pretrial detainees in remand institutions.

The CPT criticized the country’s use of solitary confinement, including for children, several times.

In September the Danish Institute for Human Rights (DIHR) and DIGNITY released a report detailing a sharp increase in unconditional solitary confinements in prisons over recent years. In 2015 there were approximately 2,600 placements in solitary confinement, but in 2020 that number rose to more than 4,000 placements. The report found an even larger increase among cases where the inmate was in solitary confinement for more than two weeks, from seven in 2015 to 637 in 2020. There was a large increase in the number of long-term solitary confinements of 15 days or more, and the preliminary figures for 2021 indicated that these high numbers continued. The DIHR and DIGNITY recommended that, in accordance with the Nelson Mandela Rules, solitary confinement for minors and other vulnerable groups be abolished, that there should be a 15-day limit for individuals in solitary confinement, and that health personnel should be included in all solitary confinement placements. The DIHR also recommended that inmates in two-person cells have at least 22 square feet of room each.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The parliamentary ombudsman also functioned as a prison ombudsman. The government permitted additional monitoring visits by independent human rights observers and media.

Djibouti

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that government officials employed them. Security forces arrested and abused journalists and opposition members.

There were numerous reported abuses similar to the following example. On March 17, police arrested seven members of an opposition political party for participating in an illegal demonstration to protest the president’s campaign for a fifth term. The head of the party reported that police beat one of the party’s female members while in detention at the Central Police Station, before releasing all seven of them without charge.

Prison and Detention Center Conditions

International organizations and national human rights organizations reported prison conditions remained harsh. The country had one central prison, Gabode, in the capital and a second, smaller regional prison in Obock, as well as small jails supervised by local police or gendarmes. These jails often served as holding cells before detainees were moved to the Gabode Central Prison.

The Nagad Detention Facility, operated by police, primarily held migrants and was not part of the prison system; however, due to COVID-19, it was used as a pre-trial holding facility to mitigate overcrowding in the regular prisons, although overcrowding remained a problem according to the CNDH in November.

There were reports that police and gendarmes abused prisoners.

Physical Conditions: The prisons exceeded their original planned capacity by almost double. Due to space constraints, there was no formal system to segregate pretrial detainees from convicted prisoners, nor were violent offenders always separated from nonviolent offenders. Authorities occasionally segregated opposition supporters.

Conditions in Gabode Prison for women were similar to those for men, although less crowded. Authorities allowed young children to stay with their mothers. The head of the prison initiated, in collaboration with a local association, sewing training for women. Prisoners with mental disabilities represented a growing percentage of the prison population. They were kept in the infirmary, where they regularly received adequate care, including access to psychiatric services through the national health system. These prisoners were segregated from prisoners with serious communicable diseases.

While prisoners were regularly fed, medical services and living conditions were poor. The prisons suffered from poor lighting, inadequate sanitation, and other deficient environmental conditions. Potable water and ventilation were limited.

Administration: The CNDH visits state prisons and other law enforcement detention facilities annually but does not make its report public until vetted by the government, sometimes a year later.

Independent Monitoring: Authorities allowed International Committee of the Red Cross representatives to visit the Nagad Detention Facility and the Gabode Prison quarterly to assess general prison conditions.

Improvements: As part of the country’s independence celebration in June, the president granted early release to 277 inmates involved in minor felonies to reduce overcrowding.

Dominica

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices, and there were no reports that government officials employed them. There were no reports that impunity in the security forces was a significant problem.

Prison and Detention Center Conditions

There were some reports regarding prison or detention center conditions that raised human rights concerns. In September the general secretary of the Dominica Public Service Union reported to media that the Dominica State Prison, the country’s sole prison, was understaffed.

Physical Conditions: There were no major concerns in the prison and detention centers regarding physical conditions or inmate abuse.

By September the number of COVID cases in the prison had exceeded the quarantine unit’s capacity. On September 28, employees of the prison conducted a protest action to express their concern regarding medical care and COVID prevention efforts for prisoners and staff.

Administration: Authorities investigated credible allegations of mistreatment.

Independent Monitoring: An independent committee composed of the chief welfare officer, justices of the peace, chaplains, youth welfare officers, social workers, and senior retired civil servants visited the prison monthly to investigate complaints and monitor prison and detention center conditions. Prisoners could request meetings with the superintendent to lodge complaints. The government permitted visits by independent human rights observers.

Improvements: During the year the prison created a quarantine unit with a capacity of 20 beds to safeguard other inmates from COVID-19. Prison officials upgraded facilities to include two virtual courtrooms and an area for visitors to speak with inmates by telephone. The prison expanded its carpentry training program for inmates. Additional fencing was constructed.

Dominican Republic

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits torture, beating, and physical abuse, there were reports that security force members, primarily police, carried out such practices.

In April relatives of a young man in La Vega, the fourth largest city, reported to news outlets that the young man was beaten by police officers and left outside a convenience store. As of year’s end, authorities reported they had investigated the incident, but no further information on their conclusions or steps taken was available.

Impunity was a problem within certain units of the security forces, particularly the National Police. The government worked to address issues related to impunity through training programs for police officers, including specialized courses on human rights included as part of their continuing education courses. On April 6, President Abinader created a special commission on police reform, scheduled to be effective for one year. On October 17, the president replaced the director and deputy director of the National Police. The president announced other reform initiatives, including limits on the use of force, improved training and performance evaluation mechanisms, an increase in the salaries for officers, and funding to allow for the immediate purchase of body cameras and car cameras to ensure all actions by police are recorded.

Prison and Detention Center Conditions

Prison conditions ranged from general compliance with international standards in “new-model” prisons, also called correctional rehabilitation centers (CRCs), versus harsh and life-threatening conditions in “old-model” prisons.

Physical Conditions: Gross overcrowding remained a problem in old-model prisons. The Directorate of Prisons reported that as of October there were 16,745 prisoners in old-model prisons and 10,407 in CRCs. La Victoria, the oldest prison, held 7,647 inmates, although it was designed for a maximum capacity of 2,011. The inmate population at every old-model prison exceeded capacity, while only one of the 22 CRCs was over capacity.

Under the old-model prison system, inmates who were former police and military received preferential treatment and were held in separate facilities, as were prisoners with the financial means to rent preferential bed space and purchase luxuries.

According to the Directorate of Prisons, military and police personnel guarded old-model prisons, while a trained civilian corps guarded CRCs. Reports of mistreatment and violence in old-model prisons were common, as were reports of harassment, extortion, and inappropriate searches of prison visitors. Some old-model prisons remained effectively outside the control of authorities, with wardens often controlling only the perimeter, while inmates controlled the inside with their own rules and systems of justice. There were reports of drug trafficking, arms trafficking, prostitution, and sexual abuse in those prisons. Although the law mandates separation of prisoners according to severity of offense, authorities did not follow these rules in the old-model prisons.

In old-model prisons, health and sanitary conditions were generally inadequate. Prisoners often slept on the floor because no beds were available. Prison officials did not separate sick inmates, except for prisoners reporting COVID-19 symptoms. Delays in receiving medical attention were common in both the old-model prisons and CRCs. All prisons had infirmaries, but most infirmaries did not meet the needs of the prison population. In most cases inmates had to purchase their own medications or rely on family members or outside associates to provide medications. Illness was the primary cause of deaths reported in the prison system. According to the Directorate of Prisons, all prisons provided treatment for HIV and AIDS, but the NHRC stated that none of the old-model prisons was properly equipped to provide such treatment. As of October more than 1,800 prisoners had contracted COVID-19, resulting in 22 deaths.

In CRCs and certain old-model prisons, a subset of the prison population with mental disabilities received treatment, including therapy, for their conditions. In most old-model prisons, however, the government did not provide services to prisoners with mental disabilities. In general the mental-health services provided to prisoners were inadequate or inconsistent with prisoners’ needs.

The government reported it had installed wheelchair ramps in some prisons for prisoners with physical disabilities. NGOs claimed most prisons still did not provide access for inmates with disabilities.

Administration: Authorities investigated credible allegations of mistreatment.

Independent Monitoring: The government permitted visits to and monitoring of prisons by independently funded and operated nongovernmental observers, international organizations, and media. The NHRC, National Office of Public Defense (NOPD), Attorney General’s Office, and CRC prison administration together created human rights committees in each CRC that were authorized to conduct surprise visits. Access to migrant detention centers for monitoring, however, was not systematically granted to human rights organizations.

Ecuador

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the law prohibits torture and similar forms of intimidation and punishment, there were reports that police officers and prison guards tortured and abused suspects and prisoners.

Human rights activists asserted that as of September 28, officials had not investigated claims alleging police kidnappings and torture or other forms of degrading treatment during police interrogations related to the October 2019 protests. Human rights advocates said prosecutors could potentially request the cases be closed starting in October, since the law stipulates the statute of limitations is two years for some crimes, although longer for more egregious ones.

A hearing on the case concerning the February 2020 deaths of six prisoners in Turi Prison was scheduled for January 2022 to identify which prison officials or inmates may be responsible for the speculated torture resulting in the deaths.

On November 14, a court in Azuay Province sentenced 37 police officers to 106 days in prison each for excessive use of force in a 2016 operation to confiscate contraband from inmates in Turi Prison. In the operation, officers beat and forced alleged violators to perform exercises in stressful positions while nude. The prosecutor’s office, which sought convictions for torture, said it would appeal the ruling.

On February 10, the Attorney General’s Office announced a 12-year, seven-month prison sentence for a police officer in Pillaro, Tungurahua Province, for raping a 24-year-old woman in September 2020 after taking her on a date in his patrol car.

Although impunity was not a significant problem in the security forces, human rights nongovernmental organizations (NGOs) and civil society groups reported the lack of prosecutions against police officers who allegedly used excessive force against demonstrators during October 2019 protests could be interpreted as impunity. The government did not announce further actions taken to address public concern regarding alleged human rights abuses during the protests.

The Internal Affairs Unit of the National Police investigates whether police killings are justifiable and can refer cases to the Attorney General’s Office to pursue prosecutions. An intelligence branch within the military has a role similar to the police internal affairs unit. The law states that the Attorney General’s Office must be involved in all human rights abuse investigations, including unlawful killings and forced disappearances. Human rights defenders reported the National Police Internal Affairs Unit and Attorney General’s Office often failed to conduct investigations adequately. Activists stated follow-up on abuse claims was difficult due to high staff turnover in the Internal Affairs Unit.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to escalating gang violence, official corruption, food shortages, gross overcrowding, harassment by security guards against prisoners and visitors, physical and sexual abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: Prisons continued to be overcrowded despite efforts to alleviate the problem. As of March 19, the official overpopulation estimate was 29 percent. A human rights NGO reported prison conditions were often better for female inmates due to their lower population density.

By law juveniles cannot be tried as adults, and individuals convicted as juveniles serve their full sentence in juvenile prisons. A 2019 report in the daily newspaper El Comercio said 40 percent of the population in the 11 centers for juvenile offenders were due to reach adulthood during their sentence.

Prison officials and human rights organizations agreed most violent deaths in prisons were linked to tension among criminal gangs with links to drug cartels. Fighting between drug-trafficking gangs in prisons led to 331 violent deaths through October 27, the highest-ever recorded annual total, with gangs employing increasingly brutal and sophisticated tactics. As of October prison deaths were more than six times the 2020 total (52) and more than 10 times the 2019 total (32). On February 23, coordinated attacks across four prisons between armed prison gangs resulted in a total of 79 inmates dead. The July 22 prison riots in the Latacunga Rehabilitation Center in Cotopaxi Province and the Litoral Prison in Guayaquil left 22 inmates dead. On September 28, a record 118 inmates died after continued fighting in Litoral Prison, and an additional 65 inmates died in November 12 clashes in the same facility. Other prison disturbances throughout the year included four inmates killed by hanging, also at Litoral Prison, on October 13 and seven on October 23. Police and prison authorities continued investigations into the incidents as of December 1.

During the July 22 riot, prison gangs injured eight police officers and sexually assaulted one female police officer as police attempted to retake control. Further, in the July 22 riots, inmates reportedly fired on prison staff and police reinforcements with high-caliber rifles, complicating government efforts to re-establish control. Government and media sources pointed out that gangs employed more gruesome tactics than in the past, including beheadings, dismemberment, live incineration, and torture. These events were captured on video and shared widely on commercial messaging services, presumably to intimidate rival gangs and the government.

NGOs reported that criminal organizations operating within and outside of prisons intimidated prison staff while on and off duty and inmates enlisted visitors and prison staff to help smuggle contraband into prisons. On July 13, the Attorney General’s Office placed in pretrial detention a suspect arrested while attempting to smuggle two rifles, four handguns, more than 1,000 rounds of ammunition, and four explosive grenades into Litoral Prison. On June 30, a Venezuelan national was arrested outside Litoral Prison and placed into pretrial detention for attempting to smuggle more than six pounds of cocaine and marijuana, a shotgun, three handguns, ammunition of various calibers, and other prohibited items.

In August 2020 Israeli citizen Shy Dahan (incarcerated for alleged ties to corruption in acquiring medical equipment and fraudulent COVID-19 testing kits in a scheme allegedly involving former president Abdala Bucaram) was found dead in his cell in Litoral Prison. On March 9, media reported former Litoral Prison director Hector Vivar was sentenced to 20 months in prison for extortion and ordered to pay a fine. Vivar was convicted for his involvement in a bribery scheme in which he demanded $30,000 in exchange for Dahan’s protection and safety. According to media Vivar had two other cases against him, one for illicit association, the other for delinquency, linked to his time as prison director pending as of September 18.

On August 25, the Attorney General’s Office announced three inmates were sentenced to 34 years and eight months each for the murder of two other inmates in Litoral Prison in July 2020.

President Lasso declared a state of emergency following the July 22 prison riots and replaced the prison system director to help re-establish control. Minister of Government Alexandra Vela proposed to decrease prison violence by reducing overcrowding through the release of approximately 5,200 nonviolent offenders, foreigners, and elderly inmates. Law enforcement experts noted that such a plan was unlikely to reduce violence in the short term because power disputes between gangs dominating the prisons remained unresolved. On August 18, new prison system director Fausto Cobo announced an additional $75 million in funding over four years to improve prison infrastructure, upgrade surveillance technology, and hire and train additional prison staff. After the first state of emergency expired September 20, President Lasso declared a second state of emergency on September 29 in response to the September 28 prison killings and announced an additional $24 million to improve security and conditions specifically in Guayaquil area prisons. Lasso renewed the state of emergency in the prison system for 30 days on November 29.

On November 15, the president announced a comprehensive, seven-point “national agreement” to curb prison violence and confront drug-trafficking gangs. The plan included elements such as continued police and military efforts to provide order and security inside and outside prisons, legislative changes to reform use of force protocols, accelerated judicial processes to reduce overcrowding, and civil society support for conflict resolution between prison gangs.

Access to and quality of food, potable and hot water, heating, sanitation, and medical care were inadequate. Officials verified that inmates did not have safe and permanent access to healthful food. In 2018 government officials detected a deterioration of the water systems at prison facilities with noticeable difficulties in access to drinking water, especially at the Latacunga Rehabilitation Center. A November 2020 media report highlighted that potable water would be brought into the Latacunga prison via truck “permanently.”

Prisoners noted inconsistent and generally insufficient protection and isolation measures from COVID-19 infection in prisons. On February 1, media reported that 124 inmates had died nationwide of COVID-19-related complications and noted 17,042 (of 37,676 total) inmates in prisons nationwide tested positive for COVID-19 in 2020. The same media report highlighted the August 2020 ombudsman report, which stated that despite the stresses the COVID-19 pandemic placed on the prison health-care system – most prominently, inadequate staffing – prisons continued to provide adequate care overall for other illnesses among inmates including diabetes, HIV, and hypertension. Prisoners noted inconsistent and generally insufficient protection and isolation measures from COVID-19 infection in prisons.

An NGO reported that prison officials, including medical staff, often failed to screen adequately and segregate prisoners with mental and physical disabilities from the rest of the prison population.

Administration: Authorities sometimes conducted investigations of credible allegations of mistreatment in prisons.

Human rights organizations continued to report that visitors faced degrading treatment during check-in at prison facilities, including the removal of clothing and illumination of genitalia by flashlights while forced to jump naked.

Independent Monitoring: Civil society representatives continued to report restrictions to monitoring by independent NGO observers. According to the NGO Permanent Committee for the Defense of Human Rights, authorities failed to respond to many independent observers’ requests to visit prisons. Prison officials explained that monitoring groups’ safety could not be guaranteed, especially during the state of emergency in the penitentiary system.

Egypt

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution states that no torture, intimidation, coercion, or physical or moral harm shall be inflicted upon a person whose movements are restricted or whom authorities have detained or arrested. The penal code forbids torture to induce a confession from a detained or arrested suspect but does not account for mental or psychological abuse against persons whom authorities have not formally accused, or for abuse occurring for reasons other than securing a confession. The penal code also forbids all public officials or civil servants from “employing cruelty” or “causing bodily harm” under any circumstances. Nonetheless, there were reports that government officials employed them.

Local rights organizations reported torture was systemic, including deaths that resulted from torture. According to domestic and international human rights organizations, police and prison guards resorted to torture to extract information from detainees, including minors. Reported techniques included beatings, electric shocks, psychological abuse, and sexual assault. On July 15, Human Rights First issued a report documenting alleged abuses, including torture, by security forces based on testimony from prisoners released between 2019 and 2021. Human Rights First characterized torture and other abuse as pervasive in prisons.

On March 1, detained activist Alaa Abdel Fattah, who was sentenced to five years in prison on December 20, claimed during a pretrial detention hearing that he had been subjected to incidents of intimidation after he reported hearing fellow prisoners being subjected to torture with electric shocks.

The government released journalist Solafa Magdy and her photographer husband Hossam el-Sayed on April 14 and journalist Esraa Abdel Fattah on July 18 from pretrial detention. International organizations reported that Magdy and Abdel Fattah were abused while in pretrial detention following their 2019 arrests. The abuse reportedly included beatings and suspension from a ceiling.

On September 17, a local human rights attorney said that secretary general of the Foundation for the Defense of the Oppressed, Ahmed Abd-al-Sattar Amasha, had been deprived of visits, exercise, sunlight, and access to health care for more than a year. He had been detained since his June 2020 arrest and was previously arrested in 2017, allegedly abused, and released in 2019. He joined an international campaign in 2016 urging authorities to close the maximum-security branch of Tora Prison and cofounded the League of Families of the Disappeared in 2014.

There were reports that prisoners detained on politically motivated charges were held in prolonged and indefinite solitary confinement. Local media reported that the state detained Strong Egypt party deputy president Mohamed el-Kassas in solitary confinement and had prevented him from exercising, reading, or listening to the radio since his initial arrest in 2018 on allegations of joining an unspecified banned group and spreading false news. El-Kassas was re-arrested in three new cases during continuous confinement without release, all on similar charges in 2019, in August 2020, and again on July 28.

According to human rights activists, impunity was a significant problem in the security forces. The Prosecutor General’s Office (for Interior Ministry actions) and the Military Prosecution (for military actions) are responsible for pursuing prosecutions and investigating whether security force actions were justifiable.

On April 4, the Court of Cassation upheld as a final verdict a 2019 acquittal of six police officers and two noncommissioned police personnel charged with torturing to death a citizen and forging official documents inside a police station in 2017. According to local media, the victim was arrested with his brother on charges of murdering and robbing their grandmother.

On April 10, a criminal court reconvicted, in absentia, two noncommissioned police personnel on charges of torturing to death Magdy Makeen, a donkey-cart driver, in a Cairo police station in 2016. In December 2020 a criminal court sentenced a police officer and eight other noncommissioned personnel to three years in prison in this case. A police corporal also charged in the case was acquitted.

On August 5, a criminal court acquitted 11 police officers in a retrial that challenged their suspended one-year prison sentences and their convictions for the killing of protesters during the January 25 revolution in 2011.

On December 28, a court ruled that the family of Khaled Said, who died of police brutality in 2010, would receive one million Egyptian pounds (EGP) ($62,500) in compensation. Two police officers were convicted of the crime in 2011.

According to the Conduct in UN Field Missions online portal, there were two allegations submitted during the year of sexual exploitation and abuse by the country’s peacekeepers deployed to the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). This follows one allegation of attempted transactional sex in 2020 and another of sexual assault in 2016, both of which also occurred in MINUSCA. As of September investigations into the three most recent allegations were pending. A separate investigation substantiated the 2016 allegation, leading to the repatriation and, imprisonment of the perpetrator.

Human rights organizations said the Public Prosecution continued to order forced medical exams in “family values” or “debauchery” cases. On July 5, the New York Times published testimony from women who claimed sexual abuse in detention by police, prison guards, and state-employed doctors, including forced stripping, invasive examinations, so-called virginity tests, and forced anal examinations in front of onlookers (see section 6).

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to widespread overcrowding and lack of adequate access to medical care, proper sanitation and ventilation, food, and potable water.

Physical Conditions: According to domestic and international NGO observers, prison cells were overcrowded On April 11, a local human rights organization estimated the total prison population at more than 119,000 located in an estimated 78 prisons, including approximately 82,000 convicted prisoners and 37,000 pretrial detainees. Human rights groups and international observers maintained the government detained or imprisoned between 20,000 and 60,000 individuals on politically motivated grounds.

Authorities did not always separate juveniles from adults and sometimes held pretrial detainees with convicted prisoners. In a March 24 report based on research conducted between February 2020 and November 2020 from the experiences of 67 individuals (10 of whom had died in custody) in 16 prisons (three for women and 13 for men) in seven governorates, a local human rights organization reported that conditions in prisons and detention centers included medical negligence; solitary confinement; and the denial of visits, telephone calls, academic studies, and the provision of outside food, or some kinds of foods, to prisoners and detainees.

In July, Human Rights First released a report alleging recruitment by ISIS in the prison system. The report said that prisoners were more susceptible to recruitment in part because of poor prison conditions.

The large number of arrests and the use of pretrial detention during the year exacerbated harsh conditions and overcrowding, contributing to a significant number of deaths in prisons and detention centers. Human rights groups and the families of some deceased prisoners claimed that prison authorities denied prisoners access to potentially life-saving medical care and in some cases denied requests to transfer the prisoners to the hospital, leading to deaths in prison.

On January 5, an Interior Ministry security source denied social media accounts of the spread of COVID-19 among prison inmates and the deaths of several inmates from COVID-19. On May 17, the Minister of Health announced the government’s intent to give COVID-19 vaccines to prisoners across the country. On June 26, the Interior Ministry filed a court document in response to several lawsuits, stating that it had vaccinated 5,000 prison inmates, officers, and those working in prisons, according to local media. On August 23, the Administrative Court denied a request for COVID-19 vaccines for researcher Patrick Zaki, lawyer Mohamed Elbakr, and other high-profile detainees and prisoners, according to local media. Zaki was released on December 8 pending trial (see section 2.b.). At year’s end it remained unclear whether Elbakr had received the COVID-19 vaccine.

On July 24, imprisoned former presidential candidate and Strong Egypt Party leader Abdel Moneim Aboul Fotouh survived a “severe heart attack” but did not receive medical treatment despite calling out for help, according to statements by Aboul Fotouh’s son on social media. Aboul Fotouh’s son said that in the weeks prior to his heart attack, Aboul Fotouh had been prevented from buying anything from the prison canteen and from receiving injections for spinal pain. According to an August 18 report by four international organizations, 10 detainees died in custody between July 6 and August 11. Activist Mona Seif quoted her brother, imprisoned activist Alaa Abdel Fattah, saying that one of his prison mates, Ahmad Sabir, died in prison on July 11 after Sabir became ill and his cellmates shouted to guards for medical help without any response for five hours.

Inmates often relied upon outside visitors for food and other supplies or were forced to purchase those items from the prison canteen at significantly inflated prices, according to local NGOs. In September a local human rights organization reported that skin diseases were widespread among prisoners in high security prisons due to unhygienic conditions and a lack of sunlight, and in the Qanater women’s prison due to lack of clean water and overcrowding. Provisions for temperature control and lighting generally were inadequate. Reports that guards abused prisoners, including juveniles in adult facilities, were common. Prison conditions for women were reported to be marginally better than those for men. Media reported some prisoners protested conditions by going on hunger strikes.

Local media reported that the Interior Ministry’s social protection sector sent medical providers from various specialties to eight prisons (male and female) in July and August to provide medical services to prisoners. According to reports, 55 prisoners received medical evaluations and medications at Mansoura prison and 39 prisoners received limb prostheses at the Borg al-Arab prison.

There were reports authorities sometimes segregated prisoners accused of crimes related to political or security matters from other prisoners accused of nonpolitical crimes and subjected the former to verbal or physical abuse and punitive solitary confinement. On May 11, Amnesty International called for the release of political activist Ahmed Douma after what it called a “grossly unfair and politically motivated” trial that resulted in a 15-year prison sentence in 2020. Since his arrest in 2015, Douma had been held in solitary confinement for more than 2,200 days.

The law authorizes prison officials to use force against prisoners who resist orders.

Administration: Prisoners could request investigation of alleged inhuman conditions, but NGO observers claimed prisoners were reluctant to do so due to fear of retribution from prison officials. The government did not investigate most of these allegations. As required by law, the public prosecutor inspected prisons and detention centers.

The criminal procedure code and the law regulating prisons ostensibly provide for reasonable access to prisoners, but according to NGO observers and relatives, the government regularly prevented visitors’ access to detainees. Rights groups also claimed that state security emergency court hearings and trials were not accessible to family or legal counsel and detainees lacked full access to legal counsel and documents related to their charges. Authorities cited restrictions put in place during the year as part of COVID-19 preventive measures.

Independent Monitoring: The government arranged visits between January and May for delegations of local and foreign media correspondents, representatives of human rights organizations, religious leaders, and the National Council for Human Rights to Tora Prison, Borg al-Arab Prison, El Marag General Prison, Wadi al-Natroun Prison, Fayoum Prison, and three prisons in Minya Governorate.

Improvements: In October the country opened its new Wadi al-Natroun Reform and Rehabilitation Center, which included new medical facilities, vocational training spaces, and worship areas including a mosque and a church. Officials stated inmates from 12 aging prisons planned for closure would be transferred to the new prison, and the new prison will provide improved onsite medical care, including treatment for addiction and mental health, psychological therapy and services, dialysis, dental treatment, dermatology, and computerized tomography scans.

El Salvador

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports of violations. As of August 31, the PDDH had received 13 complaints of torture or cruel or inhuman treatment by the PNC and one by the armed forces, compared with 15 and two complaints, respectively, as of August 2020. The PDDH also received 62 complaints of mistreatment and disproportionate use of force by the PNC and seven by the armed forces, compared with 55 and four complaints, respectively, as of August 2020.

As of September the PNC registered a total of 95 accusations against police officers involved in crimes and offenses. Of the 95 accusations, 38 concerned homicides committed by police officers. The PNC received 296 complaints of general misconduct in the same period, including but not limited to torture and cruel, inhuman, or degrading acts of punishment. Three of the 296 complaints were referred to the Attorney General’s Office for prosecution, while the 293 unresolved cases remained under investigation by the PNC.

On March 12, the Attorney General’s Office issued arrest warrants for four PNC officers for the torture of a minor and a woman in 2017 in Sensuntepeque, Cabanas Department. According to a video widely circulated on social media, PNC officers Cristian Neftali Franco Vasquez, Elvis Alirio Montenegro Beltran, Omar Alexander Pineda Chevez, and Mario Enrique Perez Chavez beat the minor to force him to reveal the hiding location of drugs and weapons. One of the officers fired a warning shot when a woman who witnessed the beating began to complain.

On April 30, El Diario de Hoy reported that an armed forces officer was arrested for shooting Rene Alfredo Lainez Andasol in the face in Victoria, Cabanas Department. The Attorney General’s Office accused the soldier of attempted homicide.

On June 23, the Sentencing Court of Cojutepeque, Cuscatlan Department, sentenced PNC officer Juan Carlos Portillo Velasquez to 12 years in prison for the aggravated rape of an adolescent in 2018. According to the Attorney General’s Office, Portillo Velasquez abused his position by ordering a 17-year-old girl to enter her home and remove her clothes under the guise of checking for gang-related tattoos. His partner caught him in the act of rape and informed his supervisors.

According to the Conduct in UN Field Missions online portal, there were no new allegations against El Salvadoran peacekeepers brought in the year. The most recent allegation was submitted in March 2020 concerning sexual exploitation and abuse by Salvadoran peacekeepers deployed to the UN Mission in South Sudan, allegedly involving an exploitative relationship with an adult. As of October the United Nations had found the allegation of sexual exploitation or abuse to be unsubstantiated but found evidence of fraternization and repatriated the perpetrator.

Impunity was a problem in the PNC and armed forces. Factors contributing to impunity included politicization and general corruption. The Attorney General’s Office investigates whether security force killings were justifiable and pursues prosecutions, and the PDDH investigates complaints of such killings. The government provided annual training to military units to dissuade any potential for gross abuses of human rights, such as the training provided to the Marine Infantry Battalion by the navy’s Legal Unit on the need to respect human rights. The government repeatedly defied a June 2020 judicial order to allow expert witnesses access to inspect military archives to determine criminal responsibility for the 1981 El Mozote massacre.

Previous government efforts to counter impunity were also eliminated. In June President Bukele ended the cooperative agreement with the Organization of American States to back the International Organization Against Impunity in El Salvador. Civil society organizations condemned this action and characterized it as a step backwards in the fight against impunity and corruption in the country. The government pursued actions against members of other parties governing in past administrations and judges who had served a long time in a so-called effort to “clean house” of influence of officials appointed under previous administrations. Civil society organizations criticized many of these actions as politically motivated.

Impunity in the executive branch also remained a problem. From January through September, the Attorney General’s Office reported that it processed 150 cases of embezzlement, illicit negotiations, illicit enrichment, and bribery perpetrated by government employees. Of these cases, only seven resulted in convictions.

Prison and Detention Center Conditions

Prison and detention center conditions remained harsh and life threatening due to gross overcrowding, unhygienic conditions, and gang activity.

Physical Conditions: Overcrowding was a serious threat to prisoners’ health and welfare. The prison system had a capacity for 30,864 inmates, but as of April 19, held more than 36,500 inmates. Director of Penal Centers Osiris Luna reported that the General Directorate of Penal Centers (DGCP) reduced the overcrowding of prisons from 50 percent to 12 percent and stated one of the objectives of the government’s Territorial Control Plan was to reduce the number of prisons from 23 to 10. Police holding facilities were equally crowded. In May the director of the National Civilian Police stated that there were approximately 5,000 persons in police holding cells, including prosecuted and convicted individuals who could not be transferred to the overcrowded prisons. Convicted inmates and pretrial detainees were sometimes held in the same prison cells.

Gangs remained prevalent in prisons. As of April the DGCP reported approximately 51 percent (18,652 prisoners) of the prison population were active or former gang members.

According to the PDDH, many prisons had inadequate sanitation, potable water, ventilation, temperature control, medical care, and lighting. Inmates experienced gastrointestinal illnesses and skin problems due to poor water quality.

According to the DGCP, 94 inmates died between January 2020 and February 2021. PDDH deputy attorney Beatriz Campos said most of the deaths were due to chronic diseases, including kidney failure, respiratory diseases, and HIV. Campos said the DGCP received nine to 15 complaints daily, with 90 percent related to inquiries about health.

Administration: The PDDH has authority to investigate credible allegations of inhuman conditions. The government suspended visits to prisons in March 2020, which continued as of November. According to February 14 media reports, relatives of inmates had not communicated with inmates in a year. Despite an article of the PDDH law that allows the PDDH to have free and immediate access to prisons to inspect and guarantee the human rights of the inmates, the DGCP denied entry to PDDH staff in March. On August 12, the DGCP again denied the PDDH access to prisons despite the Second Peace Court authorizing the PDDH entry to visit three former government officials in prison after receiving complaints from the officials’ relatives on their state of health.

On June 17, La Prensa Grafica reported that relatives of an inmate who died inside Mariona Prison in San Salvador Department on June 7 learned of the death through Facebook. Prison Directorate personnel failed to inform the family of the deceased in a timely manner.

Independent Monitoring: The prison system was closed to visits during the year, allowing only employees to enter. Professional and family visits, inspections of institutions, and visits by international organizations, nongovernmental organizations (NGOs), churches, and others were suspended, although there were reports of sporadic entries granted based on personal connections with prison officials to members of the clergy and nonprofits.

Equatorial Guinea

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports that both police and military personnel in Malabo and in Bata used excessive force during traffic stops, house-to-house searches, and interrogations, sometimes including sexual assault, robbery, and extortion. Police also tortured members of opposition parties, according to opposition leaders. Security personnel particularly abused persons suspected of plotting against the government, often with little or no evidence against them. Lawyers and other observers who visited prisons and jails reported serious abuses, including beatings and torture.

During the COVID-19 lockdown, citizen activists documented police officers and the military using excessive force, including beating citizens who did not abide by the government’s preventive actions, such as not adhering to mask mandates.

Authorities later fired, suspended, or arrested some of these officials, and government officials reminded security personnel to treat their fellow citizens with respect.

Police reportedly beat and threatened detainees to extract information or to force confessions.

Some military personnel and police reportedly raped, sexually assaulted, or beat women, including at checkpoints. Foreigners recounted being harassed at checkpoints, including having guns pointed at them without provocation. Senior government officials took few steps to address such violence and were sometimes implicated in ordering the violence.

Impunity was a significant problem within the security forces, due to corruption, politicization of the forces, poor training, and the ability of senior government officials to order extrajudicial acts. An inspector general’s office within the Ministry of National Security investigates abuses within the ministry.

Prison and Detention Center Conditions

Conditions in the country’s three prisons and 12 police station jails were generally harsh and occasionally life-threatening due to severe physical and emotional abuse, overcrowding, disease, inadequate food, poorly trained staff, limited oversight, and lack of medical care. The COVID-19 pandemic made these conditions especially concerning, particularly in Black Beach prison in Malabo.

Physical Conditions: Men, women, and minors had separate sleeping quarters and bathrooms but shared a common area for meals. Pretrial and convicted prisoners were held separately, although they shared a common area.

Statistics on prisoner deaths were unavailable. There were anecdotal accounts of deaths in prison due to injuries inflicted by prison staff.

Prison cells were overcrowded, dirty, and lacked mattresses. Up to 30 detainees commonly shared one toilet that lacked toilet paper and a functioning door. Inmates rarely had access to exercise. Diseases such as COVID-19, malaria, typhoid, tuberculosis, hepatitis C, and HIV and AIDS were serious problems. Authorities sporadically provided a limited number of prisoners and detainees with medical care as well as basic meals, but food was generally insufficient and of poor quality. Ventilation and lighting were not always adequate, and rodent infestations were common. Jails did not provide food to detainees, but authorities generally allowed families and friends to deliver meals twice daily, although police did not always pass on the food to the detainees. In some cases prisoners were reportedly left in solitary confinement for extended periods.

The Ministries of Justice and National Security operated civilian prisons on military installations, with military personnel handling security outside the prisons and civilians providing security and other services within them. There were reports that military and police personnel ran the most important prisons and prevented civilian authorities from entering them. There was little information on conditions in those prisons.

Administration: Authorities did not regularly investigate credible allegations of mistreatment. Visitors and religious observance were restricted for political prisoners. Visitors had to pay guards small bribes to see detainees. Since 2020 authorities restricted visitation rights for family members and for legal counsel due to the COVID-19 pandemic. Officials from the Ministry of Foreign Affairs and Cooperation stated that they visited prisons to report concerns, such as possible incarceration of victims of trafficking in persons.

Independent Monitoring: There was no independent monitoring of prisons or detention centers.

Eritrea

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture. Reports of torture, however, continued, especially against political prisoners. According to UN experts, torture is allegedly common at the Eiraeiro prison. Former prisoners who have escaped the country have reported being tied up and held upside down on frames, legs and arms bound, while their feet, legs and buttocks were beaten with sticks or wire.

In August 2019, Human Rights Watch published a report documenting security forces’ torture, including by beating, prisoners, army deserters, national service evaders, of persons attempting to flee the country without travel documents, and members of certain religious groups.

Former prisoners described two specific forms of punishment by security forces known as “helicopter” and “8.” For “helicopter,” prisoners lie face down on the ground and their hands and legs are tied behind them. For “8,” they are tied to a tree. Prisoners were often forced to stay in either position for 24-48 hours, in some cases longer, and only released to eat or to relieve themselves. Use of psychological torture was common, according to inmates held in prior years. Some former prisoners reported authorities conducted interrogations and beatings within hearing distance of other prisoners to intimidate them.

Lack of transparency and access to information made it impossible to determine the numbers or circumstances of deaths due to torture or other abuse.

Impunity remained a serious problem among security forces. The government did not release any information to indicate it had conducted investigations of alleged abuses, making it difficult to assess the extent of the problem among the different branches of the security services.

The Eritrean Defense Forces (EDF) were responsible for serious human rights abuses, including execution, rape, and torture of civilians, within Ethiopia as part of its military involvement there (see section 1.g.).

Prison and Detention Center Conditions

Detention conditions reportedly remained harsh, leading to serious damage to health and, in some instances, death, but the lack of independent access made accurate reporting impossible.

Physical Conditions: There were numerous official and unofficial detention centers, some located in military camps. The law requires that juveniles be held separately from adults. There is a juvenile detention center in Asmara, but authorities held some juveniles, particularly teenagers, with adults due to overcrowding in that center. When police arrested mothers, their young children sometimes were held with them. Severe overcrowding was common.

Data on death rates in prison and detention facilities were not available, although persons reportedly died from harsh conditions, including lack of medical care and use of excessive force. There was no available information to determine whether the government acted against persons responsible for detainee deaths.

Authorities are believed to have continued the practice of holding some detainees incommunicado in metal shipping containers and underground cells without toilets or beds. The government did not consistently provide adequate basic or emergency medical care in prisons or detention centers. Food, sanitation, ventilation, and lighting were inadequate, and potable water was sometimes available only for purchase.

Former prisoners described prolonged food shortages, which sometimes led to anemia or even the need for hospitalization. One former prisoner claimed to have been without food for 42 days. Other former prisoners reported no such issues.

Former detainees and other sources reported harsh detention conditions in police stations and in prisons for persons held for evading national service and militia duties.

Authorities placed political prisoners in solitary confinement more often than other detainees. Political prisoners were thought to be more likely to be held in the underground cells.

Administration: Prisoners and detainees could not submit complaints to judicial authorities, and authorities did not adequately investigate or monitor prison or detention center conditions. There were no prison ombudsmen to respond to complaints.

The government did not grant consular access to detained dual nationals, whom it considers to be only Eritrean. Authorities generally did not permit family visits with persons detained, arrested, or convicted for national security reasons. Former prisoners reported some religious literature was considered contraband, and its possession could result in torture. International religious organizations claimed authorities interrogated detainees regarding their religious affiliation and asked them to identify members of unauthorized religious groups.

Independent Monitoring: The government did not permit monitoring of prisoner conditions by independent government or nongovernmental observers or by international bodies, including the International Committee of the Red Cross. The government also did not provide the international committee with information about or access to reported Ethiopian and Djiboutian prisoners of war detained in the country.

Estonia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, but there were reports that police used excessive physical force and verbal abuse during the arrest and questioning of some suspects. The number of cases brought against police officers for excessive use of force was similar to previous years. During the first half of the year, authorities filed five cases against police officers for excessive use of force.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: The legal chancellor raised some concern regarding detention center conditions as part of her annual review of state-run institutions. The report noted some facilities failed to provide adequate medical care and proper medical documentation for detainees. The legal chancellor also reported that detainees did not have sufficient access to private telephone calls and that video surveillance was used excessively, in contravention of prisoners’ privacy rights. In April 2020 the legal chancellor publicly criticized the government’s COVID-related ban on prisoners’ outdoor time and reduction of visits from relatives, characterizing the ban as impermissible treatment of prisoners under government guidelines. In her annual review of the year, she also noted the excessive use of solitary confinement in prisons.

The most recent visit by an international prison monitoring body was conducted in 2017 by the Council of Europe’s Committee for the Prevention of Torture (CPT). In its 2019 report on the visit, the CPT expressed concern over “appalling material conditions” at the Parnu, Tallinn, Tartu, and Valga detention houses as well as at the Tallinn East Police Station and over the small size of some cells in various police establishments. The report expressed the CPT’s “serious misgivings” that remand prisoners were frequently held in deficient police detention houses for one to four weeks, and in some cases for several months, beyond the period of police custody (pending their transfer to a prison).

Regarding prisons, the CPT report noted that the use of solitary confinement as punishment appeared to be widespread in all three of the country’s prisons and that the practice appeared to be particularly excessive at Viru Prison. Prisoners were placed in disciplinary solitary confinement continuously for more than 14 days, thus exceeding the maximum permissible time. At Viru Prison, multiple periods in solitary confinement were imposed on prisoners consecutively, which in several cases resulted in very long periods of solitary confinement (in one prisoner’s case, 225 days). There were no major concerns in prisons regarding physical conditions or inmate abuse except for the excessive use of solitary confinement.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government generally permitted monitoring by independent nongovernmental observers, including human rights groups, media, and international bodies including the CPT.

Eswatini

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

There were numerous reports that security forces employed such practices. The law prohibits police from inflicting, instigating, or tolerating torture and other cruel, inhuman, or degrading treatment or punishment. It also establishes a disciplinary offense for officers who use violence or unnecessary force, or who intimidate prisoners or others with whom they have contact in the execution of their duties. During the year there were several reports of police brutality towards those alleged to have violated curfews that were imposed during the unrest and continued under the auspices of COVID-19 responses. According to media and civil society, security forces beat citizens on the buttocks and elsewhere for breaking curfew. There was also a report that soldiers forced a group of boys to eat raw meat they were preparing to cook. According to media reports the boys were within the confines of their homestead but were gathered after curfew. There were numerous reports of police brutality during drug raids in Lavumisa and Hosea, including one report in August of a pregnant woman who was beaten badly by police and subsequently miscarried. Thomas Nhlanhla Tsabedze, whose leg was amputated after being shot in the June unrest, sued the government after police officers in August allegedly kicked his amputated leg stump repeatedly until the stiches broke open. In October 60 workers from the Swaziland Agricultural and Plantation Workers Union claimed that soldiers stopped them from traveling to a planned protest march, beat them, and forced them to roll in the mud.

There were isolated reports throughout the country of cruel, inhuman, and degrading treatment by “community police,” untrained volunteer security personnel who exist outside the country’s formal legal structures and are empowered by rural communities to act as vigilantes, patrolling against rural crimes such as cattle rustling. In September a community police officer allegedly shot a man in the leg. REPS reported they initiated an investigation into the matter.

Impunity was a problem in the security forces. HMCS, REPS, and the military had internal mechanisms to investigate alleged wrongdoing and apply disciplinary measures. The reliability of such internal mechanisms, however, remained unclear, although members of these forces have been investigated, prosecuted, and convicted. Where impunity existed, it generally was attributable more to inefficiency than politicization or corruption, although the latter remained legitimate concerns. Security forces employed training modules to help promote respect for human rights.

Prison and Detention Center Conditions

Prison conditions varied and did not always meet international standards due to overcrowding and, in certain locations, facilities that required repair or modernization.

Physical Conditions: In September HMCS reported a total prison population of 3,362, exceeding the prison system’s designed capacity by 524 inmates. Of those in prison, 804 were awaiting trial. Facilities were of mixed quality: some were old and dilapidated, while others such as the women’s prison were newer and well maintained. Prisoner-on-prisoner violence remained a concern due to gang activity among inmates.

Administration: Authorities conducted investigations of credible allegations of mistreatment and held prison officials accountable through appropriate disciplinary measures – primarily suspensions without pay. During the year HMCS met with CHRPA as needed to review prison conditions, individual cases, and prisoner needs (such as legal counsel).

Independent Monitoring: The government permitted monitoring of prison conditions by independent nongovernmental observers such as the International Committee of the Red Cross, the African Union, local nongovernmental organizations, and diplomatic missions, with some limitations.

Ethiopia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits such practices, there were reports that security officials tortured and otherwise abused detainees.

The World Organization Against Torture and its partner the Association for Human Rights in Ethiopia reported that the government reintroduced torture in its security operations connected to the armed conflict in the northern part of the country and failed to hold soldiers accused of torture accountable (see section 1.g.).

During an EHRC investigation in Oromia early in the year, detainees reported police beat them during arrests and in detention. The EHRC’s monitoring teams found evidence of injuries on some detainees who reported police beatings.

According to the Conduct in UN Field Missions online portal, there were two open allegations of sexual exploitation and abuse by the country’s peacekeepers deployed to a UN peacekeeping mission: one submitted in 2018 allegedly involving an exploitative relationship with an adult in the UN Mission in Liberia and one submitted in late 2020 allegedly involving transactional sex in the UN Interim Security Force in Abyei. As of October the United Nations had substantiated the 2018 allegation and repatriated the perpetrator, but the government had not yet reported regarding accountability measures taken. Concerning the 2020 allegation, the United Nations had taken an interim action (suspension of payments), but results of the investigation remained pending, as was any final action.

Impunity remained a problem, although some measures were taken to hold security forces accountable for human rights abuses. Lack of transparency regarding those being charged and tried in courts of law made it difficult to assess the government’s accountability efforts. In May the federal attorney general’s office released a summary report of its efforts to ensure accountability regarding violations of national and international law in Tigray. Government investigators examined allegations that members of the ENDF engaged in killing of civilians, rape, and other forms of gender-based violence and looting and destruction of property. Military prosecutors charged 28 soldiers for killing civilians without military necessity, and 25 soldiers for committing acts of sexual violence including rape. As of year’s end trials were underway. In addition, three soldiers were convicted and sentenced for rape, and one soldier was convicted and sentenced for killing a civilian. At year’s end the military police were also investigating several other cases of alleged conflict-related crimes. Human rights groups criticized the military’s accountability efforts for lacking transparency.

Prison and Detention Center Conditions

Prison and pretrial detention center conditions remained harsh and in some cases life threatening. Problems included gross overcrowding and inadequate food, water, sanitation, and medical care. Pretrial detention often occurred in police station detention facilities, where conditions varied widely, and reports noted poor hygiene.

Beginning in early November, according to media reports, the government began detaining thousands of ethnic Tigrayans under its state of emergency, converting warehouses, schools, youth centers, and other makeshift facilities to house the ever-growing detainee population. The conditions in such facilities were reportedly life threatening (see sections 1.b. and 1.d.).

Physical Conditions: Severe overcrowding was common, especially in prison sleeping quarters. The nongovernmental organization (NGO) World Prison Brief estimated the country’s prisons held 110,000 persons in March 2020, although they had no estimate of the prison system’s capacity. Prison cells were small and cramped. International organizations reported it was common for cells to have small windows that allowed only a little light into estimated 430-square-foot cells, one of which might hold as many as 38 cellmates. Authorities sometimes incarcerated juveniles with adults. Prison officials generally separated male and female prisoners, although mixing occurred at some facilities. Authorities did not provide information on deaths in prison.

Many prisoners supplemented their food allocation with daily food deliveries from family members or by purchasing food from local vendors. Reports noted officials prevented some prisoners from receiving food from their families, and some families did not know of their relatives’ locations. Medical care was unreliable in federal prisons and almost nonexistent in regional ones. Medical attention following physical abuse was insufficient in some cases.

Prisoners had only limited access to potable water. Water shortages caused unhygienic conditions, and most prisons lacked appropriate sanitary facilities. Many prisoners had serious health problems but received little or no treatment. There were reports prison officials denied some prisoners access to needed medical care.

The law prohibits detention in any facility other than an official detention center; however, local militias and other formal and informal law enforcement entities operated an unknown number of unofficial detention centers.

Most prisons and detention centers lacked adequate hand-washing facilities, personal protective equipment, and quarantine areas. As a result the prison system was vulnerable to the spread of COVID-19. To reduce crowding and slow the spread of COVID-19, the government released 30,000 prisoners from the federal prison system.

Administration: There were reports that prisoners were mistreated by prison guards and did not have access to prison administrators or ombudspersons to register their complaints. Legal aid clinics operated in some prisons. At the regional level, these clinics had good working relations with judicial, prison, and other government officials. Prison officials allowed some detainees to submit complaints to judicial authorities without censorship, but courts sometimes declined to hear such complaints.

The law generally provides for visitor access to prisoners. Authorities, however, denied some indicted defendants visits with their lawyers. In some cases police did not allow pretrial detainees to have access to visitors, including family members and legal counsel. Prison regulations stipulate lawyers representing persons charged with terrorism offenses may visit only one client per day, and only on Wednesdays and Fridays. Authorities denied family members’ access to persons charged with terrorist activity.

Officials permitted religious observance by prisoners, but this varied by prison and even by section within a prison. There were allegations authorities denied detainees adequate locations in which to pray.

Independent Monitoring: From January to June, the International Committee of the Red Cross (ICRC) visited 17,919 prisoners in 32 places of detention throughout the country as part of its normal activities. After the government commenced its widespread detention of ethnic Tigrayans under the state of emergency (see section 1.d.), the ICRC was denied access to detention facilities.

Regional authorities allowed government and NGO representatives to meet with prisoners without third parties present. The EHRC monitored federal and regional detention centers and interviewed prison officials and prisoners.

During the period from November 20, 2020, to January 12, the EHRC deployed monitoring teams at 21 police stations across Oromia where large numbers of prisoners were arrested and detained in connection with what local authorities called “the current situation,” referring to unrest following the killing of popular singer Hachalu Hundessa. Detainees also reported extortion practices by police. In most police stations the EHRC observed, detainees were held in unhygienic and overcrowded rooms that posed serious health risks. The EHRC reported that most detainees faced dire conditions due to absence of food in the detention centers coupled with lack of access to water, sanitation, and medical services.

The EHRC and the attorney general’s office checked on the welfare of high-level political prisoners arrested for possible involvement in organizing violence following the June 2020 killing of popular singer Hachalu Hundessa. On February 2, the EHRC visited Kaliti Correctional Facility and Kilinto Prison to monitor the situation of Jawar Mohammed and other prisoners who had been on hunger strike that began on January 27, as well as the treatment of Colonel Gemechu Ayana and Tilahun Yami. The EHRC reported the detainees were in good health, had sustained no bodily injuries, and that those on hunger strike were subject to medical monitoring.

Fiji

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit torture, forced medical treatment, and degrading treatment or punishment. The Public Order Act (POA, see section 1.d.), however, authorizes the government to use whatever force it deems necessary to enforce public order. There were reports security forces abused persons.

The police Internal Affairs Unit is responsible for investigating complaints of police misconduct. As of December, the Office of the Director of Public Prosecutions charged 56 officers with police misconduct.

Court proceedings into an alleged assault on two suspects by eight police officers in Tavua in March 2020 continued as of December.

On October 8, the high court extended bail for four police officers charged for assaulting a 32-year-old man and throwing him off a bridge in Naqia Tailevu in April 2020. The man allegedly broke COVID-19 curfew rules.

Two inmates alleged corrections officers assaulted and took nude photographs of them during a strip search in 2019. Investigations were ongoing as of December.

On March 3, the Office of the Director of Public Prosecutions charged 10 corrections officers for an alleged 2019 assault against a serving prisoner who later committed suicide.

Impunity remained a problem in the security forces in some politically connected cases. The constitution and POA explicitly provide immunity from prosecution for members of the security forces for any deaths or injuries arising from the use of force deemed necessary to enforce public order. The constitution also provides immunity for the president, prime minister, members of the cabinet, and security forces for actions taken related to the 2000 suppression of a mutiny at military headquarters, the 2006 coup, and the 2009 abrogation of the 1997 constitution.

There is no independent oversight mechanism for the security forces. The law requires the consent or approval of the police commissioner to begin any investigation into or take any disciplinary action against a police officer. Authorized investigations were usually conducted by the Internal Affairs Unit, which reports to the police commissioner, who decides the outcome of the complaint. If the commissioner decides there is a criminal case, it is referred to the public prosecutor for further action. Information regarding the number of complaints, investigatory findings, and disciplinary action taken is not publicly available.

Slow judicial processes contribute to an impression of impunity, especially in police abuse cases. For example, trials had yet to conclude for the alleged 2019 police beating of Pelasio Tamanikoula or the alleged 2019 police beating of prisoner Manasa Rayasidamu. The three officers accused in the Rayasidamu case were suspended from duty and charged with causing grievous harm. Other unresolved cases dated back as far as 2017.

Prison and Detention Center Conditions

The national prison system was overcrowded, with deteriorating infrastructure and complaints about inadequate essential services.

Physical Conditions: Prisons were overcrowded. As of February 2020, the prison system held approximately 2,550 persons in a system with an estimated capacity of approximately 1,920. There were insufficient beds, inadequate sanitation and medical care, and a shortage of other necessities. Some prison facilities reportedly were unsuitable for aged inmates or those with physical and mental disabilities (see Improvements below).

Authorities generally separated pretrial detainees and convicted prisoners at shared facilities, although in some cases authorities held them together.

Administration: Prisoners may submit complaints to the human rights commission or judicial authorities. Although the law prohibits authorities from reviewing, censoring, or seizing prisoner letters to the judiciary and the commission, authorities routinely reviewed such letters and, in most cases, seized them. Authorities did not investigate or document credible allegations of inhumane conditions in a publicly accessible manner.

Detainees have the right to observe their religion but may not change religions or belief without consultation with prison staff.

Independent Monitoring: The Fiji Red Cross and other nongovernmental organizations (NGOs) visited official detention facilities and interviewed inmates; prison authorities permitted such visits (with restrictions aligned to COVID-19 guidelines) without third parties present.

Improvements: In March, 17 prison service staff members completed online studies on health care in detention, part of the service’s efforts to improve medical care.

Finland

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse. In its most recent report on May 5 on prison and detention center conditions in the country, the Council of Europe’s Committee for the Prevention of Torture (CPT) noted insufficient lighting in remand cells in the Espoo, Haukipudas, Pasila, and Ylivieska police stations and poor states of repair in some cells in the Espoo, Kemijarvi, and Pasila police stations.

Reported incidences of inmate violence increased over the previous two years. Some cases of inmate prisoner violence remained unresolved due to a lack of human resources and out-of-date security equipment. A review of instances of prisoner violence by the public broadcaster Yle in July revealed long delays in preliminary investigation of prisoner violence, often resulting in insufficient evidence being available to investigators. Prisoners fearful for their own safety were held in conditions often approaching solitary confinement, the CPT stated.

The Finnish branch of Amnesty International highlighted that availability of COVID-19 vaccines in prisons and detention centers, and visitation rights were both limited during the pandemic. The World Health Organization’s Regional Office for Europe stated that as of July, the country’s vaccination rate among prisoners was 34.4 percent. Approximately 42 percent of the general population was fully vaccinated at the same time.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring visits by independent human rights observers. On May 5, the CPT released the report on its most recent visit to the country in September 2020.

France

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were several accusations that security and military personnel committed abuses.

During the year there were reports that police used excessive force during regular antigovernment demonstrations. The annual report of the inspector general of the IGPN, published on July 20, found that the number of investigations carried out by the inspectorate decreased by nearly one-quarter, compared with the same period in 2020. Less than one-half of the 1,101 investigations pertained to “willful violence” by officers, a 39 percent decrease from 2019, while 21.5 percent of the cases of alleged police use of force pertained to public demonstrations. The report noted that the complaints related to racism and discrimination increased with 38 complaints registered in 2020 compared with 21 in 2019.

On June 24, the Council of Europe’s Committee for the Prevention of Torture (CPT) released the report on its 2019 visit to the country. The report noted that, while most persons interviewed did not report any physical mistreatment by police, several persons indicated to the CPT they had been deliberately beaten by police officer at the time of their arrest or on police premises. The CPT also received allegations of insults, including of a racist or homophobic nature, as well as threats with a weapon.

On June 8, the Paris Court of Appeal ruled that discrimination was behind humiliating police identity checks carried out on three high school students of color in 2017, overturning a previous ruling. The court found the state guilty of “willful misconduct” over stop-and-frisk checks carried out in 2017 and ordered it to pay compensation of 1,500 euros ($1,750) to each of the young men.

On September 14, eight months after the Ministry of Interior opened discussions on police reform following allegations of violence and racism, President Macron announced the creation of a mechanism to allow independent oversight of police with a new body in parliament to assess police actions and increase transparency. Macron also stated that internal investigation reports concerning allegations of police abuse and misconduct would now be made public.

In a report released September 14, Amnesty International stated that police were responsible for abusive and illegal use of force during the “Teknival” dance party in Redon, Brittany, in June. Dozens were injured in the crackdown on the partygoers and organizers, with one participant losing his hand as police used teargas and explosive grenades to break up the event. Based on interviews with multiple witnesses, including journalists, participants, and organization heads as well as videos and other published documents, Amnesty reported it found evidence from the Redon policing operation indicating that the use of force was neither necessary nor proportionate, as is required by both the law and UN basic principles on the use of force. Two investigations were ongoing at the end of the year.

Prison and Detention Center Conditions

While prisons and detention centers generally met international standards, credible nongovernmental organizations (NGOs) and government officials reported overcrowding and unhygienic conditions in prisons.

Physical Conditions: As of July 1, the overall occupancy rate in the country’s prisons stood at 113 percent (68,301 prisoners for 60,388 spaces), with the rate at some facilities reaching 150 percent and at one facility, 197 percent. NGOs agreed that detention conditions for women were often better than for men because overcrowding was less common. In its June 24 report, the CPT noted that, at the time of its visit in 2019, occupancy rates exceeded 200 percent in some establishments. The CPT noted it received a small number of allegations of intentional violence by staff against prisoners as well as a larger number of allegations of excessive use of force. The CPT also noted that interprisoner violence was a significant problem at some establishments (Bordeaux-Gradignon, Lille-Sequedin, and Maubeuge). In the women’s wards at Bordeaux-Gradignon and Lille-Sequedin prisons, women prisoners were offered fewer activities and work than men in the same establishments. Movements and procedures at the prisons were reportedly designed for men.

Overcrowding in prisons located in overseas territories tracked the national trends. The Ministry of Justice reported in July that the occupancy rate for all prisons in overseas territories was 122 percent and reached 172 percent at the Majicavo prison in Mayotte.

On October 4, three months after the general controller of places of detention denounced an “unacceptable” situation in the Toulouse-Seysses pretrial detention center, the Toulouse administrative court ordered the state to implement urgently 11 measures to improve the detention conditions in the center. The court justified these decisions in view of the overcrowding that required 173 inmates to sleep on mattresses on the floor, the lack of privacy in sanitary areas, numerous acts of violence, and endemic difficulties in inmates’ access to health care.

Administration: Authorities generally conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers, both local and foreign. In addition to periodic visits by the Council of Europe’s Committee for the Prevention of Torture (CPT), the UN Committee against Torture regularly examined prisons. In a report released June 24 on its periodic visit in December 2019, the CPT expressed serious concern regarding material conditions of detention in police establishments, prison overcrowding, the conditions in which detained persons were transferred to and treated in hospital, and the lack of psychiatric places for persons in care without consent.

Gabon

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices. There were reports of torture in prisons where unidentified personnel employed torture (see section 1.a.). A number of high-profile prisoners were kept in solitary confinement for extended periods.

The United Nations on September 15 ordered the withdrawal of the country’s 450-strong peacekeeping contingent from the UN Multidimensional Integrated Stabilization Meeting in the Central African Republic (MINUSCA) regarding sexual abuse allegations. The United Nations stated it had received during the year a total of 33 allegations of sexual abuse or sexual exploitation against troops from the country, which were part of an international peacekeeping force numbering thousands in the Central African Republic (CAR). The country’s authorities opened an investigation following the UN decision to withdraw the country’s contingent. At year’s end the United Nations had not posted final details regarding the investigation to the Conduct in UN Field Missions online portal; as a result, the reporting in the online portal may not represent the full scale and scope of the country’s peacekeeper abuses in CAR.

According to the portal, prior to the most recent revelations there were seven additional allegations submitted during the year of sexual exploitation and abuse by the country’s peacekeepers deployed to MINUSCA. Six of these involved exploitative relationships with adults, and the seventh involved child rape. As of September 30, there were 22 pending investigations into allegations from the peacekeeping mission in the CAR.

Impunity was a problem in the security forces. Nevertheless, the government took some steps to identify, investigate, and prosecute officials and punish human rights abusers. In 2020 authorities established a national hotline to report abuses by security force members.

Prison and Detention Center Conditions

Prison conditions were harsh and potentially life threatening due to low-quality food, inadequate sanitation, lack of ventilation, gross overcrowding, and poor medical care. Conditions in jails and detention centers mirrored those in prisons.

Physical Conditions: Libreville’s central prison was severely overcrowded; it was built to hold 500 inmates but held approximately 4,000 inmates. There were also reports of overcrowding in other prisons.

Authorities did not provide data on the number of deaths in prisons, jails, and pretrial detention or other detention centers attributed to physical conditions or actions of staff members or other authorities. A local NGO reported three deaths in Libreville Central Prison during the year due to medical illnesses. Media reported two deaths during the year at the Port-Gentil and Mouila Central Prisons attributed to poor medical care.

Some prisoners and detainees were kept in solitary confinement for several months without access to exercise or use of showers and other sanitary facilities.

In some cases authorities held pretrial detainees with convicted prisoners, juveniles with adults, and men with women. Authorities separated juvenile prisoners from adults in Libreville and Franceville prisons. There were separate holding areas within prisons for men and women, but access to each area was not fully secured or restricted. There were no specific accommodations for persons with disabilities in prisons. Prisoners had only limited access to food, lighting, sanitation, potable water, and exercise areas. On-site nurses were available to provide basic medical care, but prison clinics often lacked sufficient medication. For serious illnesses or injury, authorities transferred prisoners to public hospitals. Management of the spread of infectious diseases, such as HIV or tuberculosis, was inadequate.

In March there was an incursion into Mouila Central Prison by gendarmes seeking to liberate one of their colleagues whom they believed was falsely charged.

Administration: There was no prison ombudsperson or comparable independent authority available to respond to prisoner complaints. Prisoners filed few complaints. Observers believed the low incidence of complaints was due to ignorance of, or lack of faith in, the process, or fear of retribution.

In response to the COVID-19 pandemic, authorities significantly reduced prison visits, with visitors required to show proof of negative COVID-19 tests within the preceding 48 hours. Otherwise, prisoners were limited to contacting their families through telephone calls and written correspondence. An attorney stated that from March 2020 authorities cited COVID-19 policies to deny attorneys’ access to all prisoners, although during the year authorities began allowing access to prisoners by attorneys, family, NGOs, and consular officers with the presentation of a negative COVID-19 test.

Independent Monitoring: The government permitted human rights organizations to conduct independent monitoring of prison conditions. Except for COVID-19 limitations, representatives of several NGOs, including Malachie, the Sylvia Bongo Foundation, and the Voice of the Forgotten, visited prisons.

Improvements: To reduce further overcrowding, authorities undertook a review of inmate cases with the goal of identifying those eligible for release. Following the review, on June 10, the Ministry of Justice announced the release of 360 persons from the Central Prison of Libreville, including a significant number who were long-term pretrial detainees who, had they been tried and convicted, would have been released based on time served, in most cases.

Gambia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, but there were reports security personnel engaged in degrading treatment of citizens.

In July 2020 Commander Gorgi Mboob of the Police Anti-Crime Unit assaulted Ebrima Sanneh, an arrestee, at the unit’s headquarters in Bijilo. In October 2020 the inspector general of police demoted Mboob at the recommendation of the National Human Rights Commission (NHRC). On July 26, the inspector general reappointed Mboob to his position. The NHRC requested an explanation from the inspector general concerning Mboob’s return, but at year’s end had not received an answer.

According to the online portal Conduct in UN Field Missions, there was one open allegation (submitted in 2018) of sexual exploitation and abuse by one of the country’s peacekeepers deployed to a UN peacekeeping mission, allegedly involving an exploitative relationship with an adult from 2013 to 2015. The United Nations completed its investigation and awaited additional information from the government. Authorities did not provide the additional information or accountability measures taken.

Impunity remained a problem in the security forces, including in the prison service, police, and military. Factors contributing to impunity included corruption, inadequate training, and lack of oversight and accountability mechanisms. Offices charged with investigation abuses included the NHRC, the Office of the Ombudsman, and the Truth, Reconciliation, and Reparation Commission (TRRC). The Truth, Reconciliation, and Reparation Commission Report, finalized in November and published December 24, provided recommendations to hold alleged wrongdoers from the Jammeh era accountable.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and poor sanitary conditions.

Physical Conditions: Overcrowding was a problem in some facilities, particularly in the remand (pretrial detainee) wing of the state central prison, Mile 2 Prison in Banjul, where police held detainees pending trial. Food quality and access to potable water, sanitation, ventilation, lighting, and medical care remained inadequate. In 2019 Amnesty International reported teenagers as young as age 15 being held with adults in pretrial detention facilities.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government granted unrestricted access to all prisons to the Office of the Ombudsman, the TRRC, and local and international nongovernmental organizations (NGOs).

Georgia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were reports government officials employed them. The public defender’s report for 2020, published in April, noted that ineffective investigations continued to be a significant obstacle to fighting mistreatment by government officials. The report also noted isolated incidents of alleged physical violence against prisoners by the staff of closed prison facilities and some incidents of what the report termed “psychological violence,” including verbal abuse of prisoners by prison staff in such facilities for going on a hunger strike, lodging complaints against the staff, or telephoning the Public Defender’s Office. The report termed the incidents of physical and psychological violence by police against persons in custody to be mistreatment. According to the report, the total number of mistreatment allegations was 463. Bodily injuries inflicted either during or after arrest featured in 34.3 percent of the 463 allegations, up from 12.8 percent in 2016.

As of September the Public Defender’s Office had sent letters, but not official referrals, for 194 cases of alleged human rights violations in government institutions to the State Inspector’s Service (SIS) for investigation. Of the cases, 99 concerned alleged violations by Internal Affairs Ministry personnel and prosecutors, 93 involved alleged crimes by penitentiary department staff, one concerned an alleged crime by a Finance Ministry employee, and one involved a death in a state clinic. There were six cases of protracted investigation relating to mistreatment and 12 cases that involved general inhuman conditions in prison.

As of year’s end, the SIS Investigative Department received 3,115 crime reports of alleged mistreatment committed by civil servants. According to the SIS, 55 of the reports were sent by the Public Defender’s Office, compared with 44 in 2020; of those, 30 concerned alleged violations committed by Ministry of Internal Affairs personnel, and 25 involved crimes allegedly committed by Special Penitentiary Service staff. Of the 55 reports, the SIS opened investigations into 17. The SIS transferred 243 reports to the Prosecutor General’s Office and 385 reports to other agencies, as they did not fall within the SIS’ investigative scope. The service determined that 2,125 reports had no signs of a crime. In 365 cases, the SIS Investigative Department opened criminal investigations. Of these 365 criminal investigations, 49 concerned crimes allegedly committed by the staff of the Special Penitentiary Service. Of the above-mentioned 49 cases, the Prosecutor General’s Office terminated the investigation of three criminal cases due to the absence of a criminal act under the law.

The Georgian Young Lawyers’ Association (GYLA) reported it had consulted victims on 13 allegations of cruel, inhuman, or degrading treatment. GYLA filed a legal case involving one allegation with the SIS, prepared applications for the SIS in four cases, and participated in one case proceeding where the investigation was suspended. Additionally, GYLA was involved with cases connected to the July 5-6 violence (see section 2.b., Freedom of Assembly) and sent applications in the name of nine applicants to the Prosecutor General’s Office to start an investigation into police actions. GYLA consulted victims on six such allegations in 2020.

On October 1, the government announced that former president Mikheil Saakashvili had returned to the country and been detained on various charges and convictions in absentia. The convictions in absentia included abuse of power for ordering the physical assault on a former member of parliament (see the 2018 Country Report on Human Rights Practices for Georgia). On November 11, the Public Defender’s Office asked the SIS to initiate an investigation into alleged violations of former president Saakashvili’s rights by the Ministry of Justice and Special Penitentiary Service (SPS) by forcibly transferring him from Prison N12 in Rustavi to Prison Hospital N18 in Gldani, after his prolonged hunger strike. The Public Defender’s Office stated, “On November 11, 2021, the Ministry of Justice violated the prisoner’s right to honor, dignity, and privacy by releasing video footage showing the placement of Mikheil Saakashvili in Medical Establishment N18 against his will, seminaked, and in a degrading condition.” According to the SIS, the video recordings requested for the investigation had not been provided to SIS by the SPS but had been disclosed to the public. The Public Defender’s Office further alleged that “SPS restricted the 3rd President of Georgia (Saakashvili) from participating in his own trial, which violated the right to a fair trial enshrined in the Constitution of Georgia, since Saakashvili had not been allowed to appear before court on three occasions since his arrest and imprisonment.” On November 19, former president Saakashvili was transferred to the Ministry of Defense Gori Military Hospital for treatment of a critical health condition. Following his recovery, Saakashvili was returned to SPS Penitentiary Establishment N12 on December 30, where he remained.

On December 30, Georgian Dream members of parliament voted to abolish the SIS as of March 2022. In its place, two separate agencies to investigate abuse of power by law enforcement officials and to protect personal data were scheduled to be established. In contrast to the previous mandate to investigate all law enforcement equally, the law does not authorize the new investigative agency to investigate certain crimes committed by prosecutors, such as murder and bodily harm. As part of the reorganization, the State Inspector was scheduled to be removed from office in March 2022, despite the fact that she had three years remaining in her constitutionally mandated term. Ruling party members of parliament expedited the vote by introducing the legislation and holding all three readings on it in less than a week without consultation with key stakeholders and in the face of strong domestic and international criticism. In the days leading up to parliament’s actions, the SIS had been investigating alleged inhuman treatment of former president Saakashvili during his forced November transfer from the Rustavi prison to the Gldani penitentiary clinic. The SIS had recently stated that the Justice Ministry and the Special Penitentiary Service violated the data protection law by releasing several controversial videos of Saakashvili’s transfer.

Trials against three police officers stemming from the June 2019 antigovernment demonstrations continued during the year. The officers were charged with exceeding authority by using violence or weapons, which is punishable by up to eight years’ imprisonment and deprivation of the right to hold public office for up to three years (see section 2.b., Freedom of Assembly). In September all three defendants were released from criminal responsibility under the Law on Amnesty passed on September 7.

During the year the trial of detective investigator Konstantine Kochishvili for allegedly physically assaulting a minor in 2019 by spitting in his face, beating him, and breaking his arm continued. Authorities arrested Kochishvili in 2019 and charged him with degrading and inhuman treatment. In February 2020 the Rustavi City Court released the defendant on bail. As of November the trial continued at Rustavi City Court. The next hearing was postponed, however, for an indefinite period.

Several former officials remained on trial in absentia at Tbilisi City Court in various cases of torture and other crimes allegedly committed under the former government. The officials included the former deputy chief of the general staff, Giorgi Kalandadze; the former deputy culture minister, Giorgi Udesiani; and the former director of the Gldani No. 8 Prison, Aleksandre Mukhadze. (Udesiani and Mukhadze’s cases had a new judge appointed because the presiding judge was appointed to the Court of Appeals in 2019; the new judge ruled the case would be reheard based on a motion by the defense.) Kalandadze’s case remained pending with a hearing scheduled for September. Mukhadze was convicted in absentia on another charge related to Sergo Tetradze in 2014 and received a nine-year prison sentence.

On April 7, de facto authorities in Russian-occupied Abkhazia detained Russian tourist Artyom Russkikh on suspicion of involvement in drug sales. De facto police repeatedly moved Russkikh, beat him, threatened to kill him, including by simulating executions of hanging with a garden hose and drowning in a mountain stream, and brandished a pistol. The beatings resulted in three broken ribs, multiple bruises, and internal injuries, including to his kidneys. Russkikh was ultimately released and deported to Russia. Following media attention, on September 15 Abkhaz de facto prosecutors initiated a criminal case for exceeding authority against the three de facto police officers implicated in the alleged criminal activity. The three were reportedly suspended from duty during the investigation.

Prison and Detention Center Conditions

While overall prison and detention facility conditions were adequate, conditions in some older facilities lacked sufficient ventilation, natural light, minimum living space, and adequate health care. Prison conditions in Russian-occupied Abkhazia and South Ossetia were reported to be chronically substandard.

Physical Conditions: The public defender’s 2020 report, released in April, noted overcrowding remained a problem in some prison facilities, especially Prisons Nos. 2, 8, 15, and 17. Overcrowding created additional health-care problems during the pandemic. In January parliament adopted an amnesty law to address overcrowding as a one-time, temporary, and special measure. Approximately 1,000 prisoners were expected to be amnestied under the law during the year.

As in previous years, the problem of long-term isolation of prisoners and their placement in de-escalation rooms and solitary confinement cells was highlighted in multiple “prison visit” reports as well as in the annual report of the public defender’s National Preventive Mechanism (NPM), the Public Defender’s Office’s 2020 report, and the Council of Europe’s Committee for the Prevention of Torture’s (CPT) 2018 report. Inmates with mental health issues and juveniles were also confined on extended terms in de-escalation rooms; in some cases inmates claimed to have been handcuffed. According to the Public Defender’s Office and the CPT, “de-escalation rooms” were used as punishment, and their use was considered mistreatment of inmates.

The Public Defender’s Office reported an increase in inmate-on-inmate violence, which in most cases was underreported and never investigated. The Public Defender’s Office also reported increased inmate violence against staff members.

During the year the NPM published a special report on the informal management of prisons by “influential inmates” (“watchers”), a problem that affected semiopen facilities in particular. The Public Defender’s Office raised the problem at public hearings. The Special Penitentiary Service subsequently continued restricting the Public Defender’s staff’s access to prisons. According to the public defender and NGOs, the Ministry of Justice continued to refuse to acknowledge the “watchers” and the danger they presented to inmates. The Public Defender’s Office reported that such informal control by influential inmates “often leads to inter-prisoner violence and bullying” and that “watchers” controlled prisoners’ access to clothing, food, medicine, and packages sent from their families. Some prisoners victimized by “watchers” requested transfer to high-risk prisons or self-isolation to escape abuse, increasing risks of mental health problems among the prison population.

The Public Defender’s Office annual report for 2020 stated that cell toilets for detainees generally were only partially screened, and criminal suspects had limited access to a shower and outdoor exercise as well as no family contacts or telephone calls. Lack of fresh air and activities were problems at closed institutions. Inmates in “closed” prisons (Prisons Nos. 2 and 8), high-risk institutions (Prison Nos. 3 and 6), and Prisons Nos. 7 and 9 were confined to their cells for 23 hours a day with limited or no access to rehabilitation and resocialization services. The problem was especially acute for inmates with mental health problems. Pretrial detainees and convicts, including juveniles, were reportedly mixed at Prisons Nos. 2 and 8, despite a ban on such practices in the penal code.

While the Ministry of Justice maintained a special medical unit for prisoners with disabilities, the Public Defender’s Office reported that prisons and temporary detention centers did not take into account the needs of such persons, including for medical services. According to the public defender, doctors were unable to explain the importance and purpose of documenting injuries.

Mental health care remained inadequate within the penitentiary system. Initial screening of prisoners’ mental health using a specialized instrument occurred only at Prisons Nos. 2 and 8 under a pilot project supported by the Council of Europe; multiple screenings did not happen at any institution. The system lacked qualified social workers, psychologists, psychiatrists, and ward-based staff. Timely referral of inmates for adequate medical care was lacking. Medical referrals were performed only in emergencies and for scheduled dialysis, chemotherapy, or repeated consultations or medical manipulations due to the postoperative period.

Administration: The Public Defender’s Office noted there was only one ombudsperson authorized to respond to complaints by prisoners and reported that obstacles such as a lack of information on their rights, fear of intimidation, distrust of the outcome, and lack of confidentiality could deter prisoners from filing complaints with judicial authorities. According to the NPM’s 2020 annual report, the Public Defender’s Office received 57 complaints from inmates at semiopen prisons that held half of the country’s prison population. The Public Defender’s Office attributed this low number of complaints to intimidation via the informal “watcher” system. Instead of writing a complaint, inmates appealed to “influential prisoners” to solve their problems.

According to the SIS as of August, 34 of its 245 criminal investigations concerned crimes allegedly committed by the Special Penitentiary Service staff, compared with 49 of 270 criminal investigations in 2020.  According to the SIS, as of November 1, the service had opened investigations in 10 of 34 cases submitted by the Public Defender’s Office.  Nine of the 10 cases were pending investigation, while the Prosecutor General’s Office terminated the investigation of one criminal case due to the absence of a criminal act as provided by the criminal code.  The Prosecutor General’s Office terminated the investigation in five of the 49 criminal investigations initiated by the SIS in 2020 due to the absence of a criminal act as provided by the criminal code, while in two criminal cases, it initiated criminal prosecution against two persons.  Both persons received conditional two-year sentences in prison, based on a plea agreement.

Ensuring confidentiality of medical records as well as the confidentiality of complaints remained problematic. Staffing levels of between one and four security officers to more than 100 inmates were inadequate at semiopen facilities and created an insecure environment for both inmates and administration. According to the Public Defender’s Office, records on registering and distributing detainees in temporary detention centers were often incomplete or erroneous.

Due to the COVID-19 pandemic beginning in 2020 and continuing during the year, some penitentiary reform efforts were suspended. Prisoners’ rights to long visits and family visits were suspended. Prisoners were instead given opportunities for short family visits in addition to free telephone calls.

Independent Monitoring: The government permitted independent monitoring of prison conditions by international prison monitoring organizations including the CPT and some local and international human rights groups. Due to persistent problems in the penitentiary system, the CPT conducted a random visit and held high-level meetings in May. The NPM had access to penitentiaries, conducted planned and unscheduled visits, and was allowed to take photographs during monitoring visits. NPM members, however, did not have unimpeded access to video recordings of developments in penitentiaries, to inmate medical files, nor to some disciplinary proceedings for inmates.

Some inmates intentionally interfered with the NPM’s monitoring mandate, according to reports from the Public Defender’s Office. In a January 20 statement, the Public Defender’s Office claimed that in response to its 2020 report on the situation in penitentiary establishments, there were “public attacks on the public defender and illegal actions by the minister of justice and the Penitentiary Service, as a result of which, it has become not only difficult but also dangerous for the representatives of the Public Defender’s Office to carry out visits and monitoring at the penitentiary establishments.” In December 2020 an inmate threatened the representatives of the Public Defender’s Office at Gldani Prison No. 8 and demanded they end the visit; the inmate was roaming freely even though this was a closed prison. On January 13, a group of inmates harassed Public Defender’s Office representatives and demanded they stop visits because “everything is fine in prison.”

International prison monitors had access to detention facilities under the Special Penitentiary Service in Tbilisi-administered territory. The monitors visited three detainees in South Ossetia and Abkhazia and facilitated links between their families through the exchange of Red Cross messages, delivery of parcels from families to detained persons, and a family visit for one detainee.

Improvements: During the year parliament adopted a law on amnesty, which began a prison population reduction process and could apply to 1,000 prisoners, depending on a judicial review of cases.

The Ministry of Justice continued to work through the new Vocational Education and Training Center for Inmates, which focused on broadening programs, creating “out of cell” activities for inmates, helping inmates develop skills to find jobs in prisons and outside, and working with the private sector to introduce prison industries into the penitentiary system. The number of social workers and psychologists increased and working conditions for prison staff improved through increased salaries and provision of new uniforms, health insurance, free meals, and access to new vehicles.

Germany

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations.

In June a court sentenced a Muelheim police officer to nine months’ probation for inflicting bodily injury while on duty. In 2019, when responding to a domestic violence call, the officer handcuffed a naturalized citizen with Kosovar roots and beat him in the face. The officer’s partner helped cover up the assault and was sentenced to seven months’ probation.

On September 17, a Cologne court found a police officer guilty of using excessive force against a fleeing suspect and sentenced him to eight months’ probation. The officer in 2019 shot an unarmed man aged 19, Alexander Dellis, when he fled arrest; Dellis later filed a complaint for excessive use of force. The court ruled that the officer had not adequately warned the suspect.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

In December 2020 a prison inmate, age 67, starved to death in a facility in Aachen. A court had previously determined the inmate had a depressive disorder, but the prison staff did not force feed him, maintaining he had made the decision not to eat while fully capable of understanding the consequences. In August the North Rhine-Westphalia (NRW) Justice Ministry stated that, in the future, prisoners would have to declare in writing their refusal of artificial feeding.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

Ghana

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were credible reports police beat and otherwise abused detained suspects and other citizens. Victims were often reluctant to file formal complaints. Police generally denied allegations or claimed the level of force used was justified.

According to the Conduct in UN Field Missions online portal, there was one open allegation of sexual exploitation and abuse by the country’s peacekeepers deployed to the UN Mission in South Sudan: a 2018 case involving 12 peacekeepers’ alleged transactional sex with six adults. A UN investigation substantiated some of those allegations, leading the United Nations to repatriate the alleged offenders. As of December the United Nations awaited reporting from the government regarding what actions it has taken in response to the allegations the United Nations considered to be substantiated.

Impunity remained a significant problem in the Ghana Police Service, and the investigation and complaints processes did not effectively address reports of abuses and bribery.

Corruption, brutality, poor training, lack of oversight, and an overburdened judicial system contributed to impunity. Police often failed to respond to reports of abuses and, in many instances, did not act unless complainants paid for police transportation and other operating expenses. The Office of the Inspector General of Police and the Police Professional Standards Board investigated claims of excessive force by security force members.

Prison and Detention Center Conditions

Prison conditions were generally harsh and sometimes life threatening due to overcrowding, inadequate sanitary conditions, lack of medical care, physical abuse, and food shortages.

Physical Conditions: In September the Ghana Prisons Service reported prison overcrowding stood at 135 percent of capacity, with a prison population of 13,480 compared to a total prison capacity of 9,945 inmates, a 20 percent reduction in overcrowding from 2019. The Ghana Prisons Service held women separately from men. Although authorities sought to hold juveniles separately from adults, there were reports detainees younger than age 18 were held with adults. Authorities held pretrial detainees in the same facilities as convicts but generally in separate cells, although due to overcrowding in convict blocks, Nsawam Prison held some convicts in blocks designated for pretrial detainees. The nongovernmental organization (NGO)-led Justice for All program with the support of the government continued to expedite judicial review for many pretrial (remand) prisoners, including virtually, reducing their numbers significantly. Paralegals and civil society were heavily involved in the program.

While prisoners had access to potable water, food was inadequate. Meals routinely lacked fruit, vegetables, or meat, forcing prisoners to rely on charitable donations and their families to supplement their diet. The prisons public relations officer identified feeding of inmates as a key problem. The Ghana Prisons Service facilitated farming activities for inmates to supplement their feeding. Authorities did not provide pretrial detainees food or changes of clothes. If community or family members were not able to provide them, prisons officers paid with their own funds.

Officials held much of the prison population in aging buildings or abandoned public or military buildings, which despite improvements had poor ventilation and sanitation, substandard construction, and inadequate space and light. The Ghana Prisons Service periodically fumigated and disinfected prisons. There were not enough toilets available for the number of prisoners, with as many as 100 prisoners sharing one toilet, and toilets often overflowed with excrement. There were no facilities to support intersex or transitioning persons.

The Ghana Prisons Service avoided large outbreaks of COVID-19 and other infectious diseases by designating certain facilities for new prisoners, testing the prisoners upon arrival, and putting them in isolation or quarantine as appropriate. The Ghana Prisons Service also conducted regular health checks on prisoners and relied on donations of personal protective equipment. Medical assistants provided medical services, but they were overstretched and lacked basic equipment and medicine. At Nsawam Prison a medical officer operated the health clinic. All prison infirmaries had a severely limited supply of medicine. All prisons were supplied with malaria test kits. Prisons did not provide dental care. Doctors visited prisons when required, and prison officials referred prisoners to local hospitals to address conditions prison medical personnel could not treat on site, but the prisons often lacked ambulances to transport inmates off site properly. To facilitate treatment at local facilities, the Ghana Prisons Service continued to register inmates in the National Health Insurance Scheme. The Ankaful Disease Camp Prison held prisoners with the most serious contagious diseases. Religious organizations, charities, private businesses, and citizens often provided services and materials, such as medicine and food, to the prisons.

Although persons with disabilities reported receiving medicine for chronic ailments and having access to recreational facilities and vocational education, a study released in 2016 found that prison facilities disadvantaged persons with disabilities, since they faced problems accessing health care and recreational facilities. No prison staff specifically focused on mental health, and officials did not routinely identify or offer treatment or other support to prisoners with mental disabilities.

Administration: There was no prison ombudsperson or comparable independent authority to respond to complaints; rather, each prison designated an officer-in-charge to receive and investigate complaints. Authorities suspended access to visitors as a COVID-19 health measure, although visitors could still bring food.

Independent Monitoring: The government permitted independent monitoring of prison conditions by local nongovernmental organizations, which were independent of government influence. They monitored juvenile confinement and pretrial detention, bail, and recordkeeping procedures. Local news agencies also reported on prison conditions.

Improvements: The president pardoned 1,589 prisoners to mitigate the dangers to health caused by overcrowding, particularly the risks posed by the COVID-19 pandemic: 1,555 first-time offenders who had served half their sentences, 15 seriously ill prisoners, and 19 elderly prisoners.

As a COVID-19 mitigation strategy, the chief justice directed the judiciary to reduce sentences for a range of offenses to reduce the prison population. The chief justice also directed the justice sector to pursue alternatives to incarceration including fines and noncustodial punishment, especially for minor crimes.

Greece

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were reports, however, that police mistreated and abused members of racial and ethnic minority groups, undocumented migrants, asylum seekers, demonstrators, and Roma (also see section 2.f., Protection of Refugees, and section 6, Systemic Racial or Ethnic Violence and Discrimination).

Most reports alleged abusive treatment of undocumented migrants and asylum seekers in preremoval centers by law enforcement authorities, violence against migrants and asylum seekers during pushback operations at Greece-Turkey land and sea borders, and mistreatment of inmates in detention centers. There were several reported abuses similar to the following examples. According to media reports, on January 30, the Hellenic Police Internal Affairs Division launched an investigation into allegations of violence by police officers against a group of migrants held at the preremoval center in Drama. Police officers allegedly stormed into the cells of detainees, beating them with batons. The violence was reportedly prompted by a protest by some of the inmates against an extension of their detention beyond 18 months.

In a November 2020 report on its ad hoc visit to migrant detention and preremoval centers in the country, the Council of Europe’s Committee for the Prevention of Torture (CPT) reported that, while the vast majority of migrants it interviewed had not been physically mistreated by authorities when they were apprehended and detained, the CPT’s delegation received a number of reports by migrants that they have been subjected to slaps on the head, kicks, and truncheon blows by members of the Hellenic Police and Coast Guard. For example, one person held by Hellenic Police at the former Special Missions Unit of the Hellenic Coast Guard at Samos alleged he was struck across the left side of his head with a baton by a police office after asking to be let out of the cell to go to the toilet, resulting in partial deafness.

In its November 2020 report, the CPT reported that detained migrants were sometimes confined in squalid conditions. In two cells under the authority of the Hellenic Police at the Port of Samos, for example, the CPT found 93 migrants (58 men, 15 women, three of whom were pregnant, and 20 children, 10 of whom were younger than age five) crammed into space that provided each person with less than 10 square feet of living space. Access to natural light was limited, there was no artificial light, no heating, no beds, no mattresses, and unpartitioned in-cell toilets emitted a foul stench. Women were given wet wipes but were not provided any other hygiene products. The CPT report stated, “These conditions clearly amount to inhuman and degrading treatment. The fact that authorities continued to hold this group, many of whom were clearly vulnerable, for 18 days without any efforts to lessen the harshness of their situation could be considered an inhuman punishment.”

On June 22, media outlets reported that a Georgian national arrested on suspicion of homicide stated he was interrogated and badly beaten for four days to force a confession for a crime another individual was later identified and prosecuted for committing. On March 9, the Office of the Greek Ombudsman, an independent constitutionally sanctioned authority, stated cases of police violence in 2020 increased by 75 percent and that the number recommended for investigation rose by 25 percent.

The most recent prison and detention center monitoring visit by the CPT took place in 2019. In its 2020 report on the visit, the CPT expressed deep concern that police mistreatment, especially against foreign nationals and members of the Romani community, remained a frequent practice throughout the country and that the system for investigating allegations of police mistreatment could not be considered effective. The report stated that, during the visit, the CPT received a high number of credible allegations of excessive use of force, unduly tight handcuffing, and physical and psychological mistreatment of criminal suspects during or in the context of police interviews. Alleged mistreatment consisted mainly of slaps, punches, and kicks as well as blows to the head with truncheons and metal objects. The CPT also received some allegations of blows with a stick to the soles of the feet and the application of a plastic bag over the head during police interviews, reportedly with the aim of obtaining a confession and a signed statement.

Several nongovernmental organizations (NGOs) and international human rights organizations reiterated complaints of a lack of an independent government entity to investigate violence and other alleged abuses at the border by the Coast Guard and border patrol forces. The National Commission for Human Rights reported that in 2020 police investigated only two pushback abuse cases and no cases were prosecuted and tried. The commission recommended the establishment of “an official independent mechanism to record and monitor informal pushback complaints.”

In the report on its 2019 visit, the CPT stated that its findings “confirm that investigations are still not carried out promptly or expeditiously and often lack thoroughness. Consequently, most cases of alleged police ill-treatment are not criminally prosecuted and very few result in criminal sentences or even disciplinary sanction.” As an example, the CPT noted that none of the 21 outstanding cases of alleged serious police mistreatment made by the police Internal Affairs Directorate in April 2014 had resulted in successful prosecution.

Prison and Detention Center Conditions

Prison and detention center deficiencies included overcrowding, inadequate sanitation and access to health care, and inadequate provision of basic supplies. Inmates alleged police mistreatment and physical and verbal abuse (see section 2.f., Protection of Refugees).

Physical Conditions: Government statistics issued in September indicated the prison population exceeded holding capacity. Nationwide, prisons were built to accommodate 10,175 inmates, but prisons held 11,131 inmates. For example, facilities in the cities of Tripoli, Ioannina, and Volos exceeded capacity by 217 percent, 198 percent, and 195 percent respectively.

Violent incidents among detainees in prison facilities continued to decline. From January to October, one death and approximately 10 injuries were recorded. Authorities conducted regular and extraordinary inspections for drugs and improvised weaponry.

Inmates continued to complain that government COVID-19 pandemic protection measures were not always sufficient, with congested conditions and a lack of access to medical care and medication. Prison authorities vaccinated inmates for COVID-19, but no data were available regarding the number vaccinated.

On April 28, Secretary General of Special Guards Stratos Mavroidakos denounced police detention center conditions across the country as “inhumane.” According to Mavroidakos, individuals were detained for as long as three months in holding cells and in basements, with a lack of basic sanitation supplies. On July 1, members of parliament (MPs) visited Patras Prison. The prison population of 700 exceeded capacity by 300 inmates. The MPs stated that the prison lacked a full-time physician, enough trained guards, and adequate kitchen facilities.

Police detained undocumented migrants and asylum seekers in reception and identification centers (RICs) on five islands (Lesvos, Chios, Samos, Leros, and Kos) and one on the mainland in Evros until the individuals were identified and registered. Some detained migrants alleged physical abuse by members of the Hellenic Police and Coast Guard or were held in conditions that could be considered inhuman and degrading treatment and punishment (see subsection on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, above).

On June 9, General Director of the NGO Doctors Without Borders Christina Psarra described the RICs on Lesvos and Samos as “totally inadequate living spaces.” The NGO Greek Council for Refugees reported that in many cases detention conditions in the preremoval centers failed to meet adequate standards due to their prison-like design and that “police stations and other police facilities, unsuitable for detention of more than 24 hours, continued to fall short of basic standards.”

Administration: Independent authorities investigated credible allegations of mistreatment. The Ministry of Citizen Protection, through the Secretariat General for Anticrime Policy, published bimonthly detention-related statistics on the occupancy rate and the design capacity per prison.

Independent Monitoring: The government generally permitted independent nongovernmental observers to monitor prison and detention center conditions. Authorities required NGOs, diplomatic missions, and foreign and domestic journalists to submit formal requests in advance for each visit to RICs and official migrant and asylum seeker camps. During most of the year, special COVID-19 pandemic restrictive measures prevented access to RICs and to other refugee and migrant accommodation facilities.

Improvements: Construction of two 120-cell wings in the Nigrita prison facility reduced overcrowding.

Grenada

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

Prison conditions were harsh due to gross overcrowding.

Physical Conditions: In August there were 365 prisoners, including six women, in the country’s sole penitentiary, which was designed for approximately 200 persons. In the male block, potable water was available in prison hallways but not in cells. Potable water was available in the cells on the female block.

Administration: There were no reports or allegations of mistreatment during the year. Authorities investigate all credible allegations of mistreatment.

Independent Monitoring: The Visiting Committee, appointed by the cabinet, serves as the independent monitoring committee. Monthly visits were conducted with administrative officials and to address inmate concerns, including during the COVID-19 pandemic. During the pandemic the committee was not allowed to visit cells but instead met with representatives from the inmate blocks and the administration. A Prison Rehabilitation Committee, composed of social workers and counselors, conducted independent monitoring of prison conditions. Human rights groups also visited the prison and provided independent monitoring. There were no significant findings of abuses during the year.

Improvements: The prison worked with the Magistrate Court to provide alternative forms of punishment and reduced sentences for petty crimes during the pandemic.

Guatemala

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture and other cruel, inhuman, or degrading treatment or punishment, but there were cases of prison officials’ negligence that allowed prisoners to experience violence and degrading conditions. The Office of the UN High Commissioner for Human Rights (OHCHR) noted that documentation and reporting mechanisms for torture and other cruel, inhuman, or degrading treatment or punishment remained weak, thereby hindering a full understanding of the prevalence of the problem. The OHCHR also noted that many official complaints cited unsafe and cramped conditions at Federico Mora National Hospital for Mental Health during the COVID-19 pandemic. Most of these complaints remained unresolved.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in February 2020 of sexual exploitation and abuse by a Guatemalan peacekeeper deployed to the UN Organization Stabilization Mission in the Democratic Republic of the Congo. The allegation involved rape of a child. Both the government and the United Nations launched investigations into the allegation, but as of November both inquiries remained pending.

Impunity within the PNC was not a widespread or systemic issue. Impunity from prosecution for serious crimes within the PNC declined, with several high-profile convictions of PNC officers sentenced to imprisonment. Lesser crimes of negligence and bribery by officers continued, however, with few convictions. As of October more than 90 police officers were removed from the force based on bribery allegations. Most of the cases were documented in social media with videos taken by civilians. These removals formed part of PNC institutional policy to combat corruption. These instances appeared scattered and not related to military orders. Negligence by officers largely resulted from a lack of sufficient training. The law requires officers to hold at least a high school degree, but they often had much less, and some individuals had as little as six months of police training before being sent out on the streets.

In some areas impunity remained a significant problem in the PNC and the military. Impunity was evident in the Port, Airports, and Border Points Division (DIPAFRONT) of PNC forces dedicated to investigating crimes involving national borders, such as drug trafficking, smuggling, contraband and evasion of paying taxes by moving money outside the country. International law enforcement organizations reported private-sector actors paid some DIPAFRONT officers to avoid investigations into their operations. Government records did not include internal investigations in the PNC of these bribes.

Impunity for high-level officials from disciplinary or criminal prosecution existed. In several instances when PNC or Public Ministry investigators opened a case against high-level officials, the investigators were subsequently removed.

The PNC utilizes three mechanisms to identify and investigate abuses: an anonymous tip line using a landline telephone number, a tip line to receive complaints using a messaging application, and in-person complaints. The PNC Internal Affairs Division conducts internal surveillance of PNC officers’ performance and follows a disciplinary process with an internal tribunal to decide cases. That division wiretaps criminal structures found to be working with corrupt PNC officers, but the unit was not authorized to investigate criminal structures within the PNC. The government’s main mechanism to rid the PNC of corruption is to remove PNC officers suspected of these abuses, often without investigation or tribunal. The PNC has a unit devoted to criminal investigation of human rights violations, funded by donor countries, but the unit lacked political and material support.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening, with multiple instances of inmates killing other inmates. Sexual assault, inadequate sanitation, poor medical care, and significant overcrowding placed prisoners at significant risk.

Physical Conditions: Prison overcrowding was a problem. As of August 31, according to prison authorities, there were 24,989 inmates held in facilities designed to hold 6,997 persons. To ease prison overcrowding, the Rehabilitation Subdirectorate of the penitentiary system processed 3,680 early release requests from April to October, more than double the previous year’s figure. Better coordination between sentencing judges and defense attorneys led to 1,398 inmates being granted early release by the courts during the same period.

As of December 10, there were 596 juvenile inmates in four traditional detention centers and the halfway house, which were designed for 557 inmates. Another 1,242 juvenile inmates were held in three new alternative measures facilities. Despite a reduction in overcrowding, there were 231 inmates in the Centro Juvenil de Privacion de Libertad para Varones juvenile detention facility, designed for 155 individuals. The courts had not sentenced approximately 18 percent of juvenile inmates held in detention.

Prison officials acknowledged safety and control problems, including escape attempts, gang fights, inability to control the flow of contraband goods into prisons, inmate possession of firearms and grenades, and the fabrication of weapons. Prisoners conducted criminal activity both inside and outside of prisons. Media reported that transnational criminal gangs and drug trafficking groups controlled major prisons. According to prison authorities, from January through August 31, at least 17 inmates died of unnatural causes while in prison. On August 11, after prison officials transferred Barrio 18 gang leaders from the overcrowded El Infiernito Prison to other facilities, in part to curtail their extorsion practices and other criminal activity, gang members took 18 guards hostage, including the prison director. The hostages were released after officials returned the Barrio 18 leaders to El Infiernito. The adult penitentiary system added a K-9 unit to search for narcotics and cell phones in its new correctional model as a measure to reduce criminal activity.

Physical conditions, including sanitation facilities, medical care, ventilation, temperature control, and lighting, were inadequate. Prisoners had difficulty obtaining potable water, complained of inadequate food, and often had to pay for additional sustenance. Illegal drug sales and use were widespread.

Media and NGOs reported female inmates faced physical and sexual abuse. Female inmates reported unnecessary body searches and verbal abuse by prison guards. Children younger than age four could live in prison with their mothers, but the penitentiary system provided inadequate food for young children, and many suffered from illness. Lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) rights groups stated that other prisoners often sexually assaulted LGBTQI+ individuals, and there were insufficient facilities to protect LGBTQI+ individuals in custody. NGOs claimed admittance procedures for LGBTQI+ prisoners were not implemented, noting particular concern regarding procedures for transgender individuals.

Administration: While the law requires authorities to permit prisoners and detainees to submit complaints to judicial authorities without censorship and request investigation of credible allegations of inhuman conditions, authorities failed to investigate most allegations or to document the results of such investigations.

Independent Monitoring: The government permitted visits by local and international human rights groups, the Organization of American States, public defenders, and religious groups. The Office of the Human Rights Ombudsman (PDH) and the National Office for the Prevention of Torture, both independent government bodies responsible for ensuring that the rights and well-being of prisoners are respected, also periodically visited prison facilities.

Guinea

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution and law prohibit torture and other cruel, inhuman, or degrading punishment, human rights observers reported that government officials continued to employ such practices with impunity.

Abuse of inmates in government detention centers continued. Security officials designated as “judicial police officers” abused detainees to coerce confessions. Human rights activists noted the most egregious abuses occurred during arrests or at detention centers. Human rights associations stated that complainants often presented evidence of abuse, and wardens did not investigate these complaints. These nongovernmental organizations (NGOs) also alleged that guards abused detainees, including children, and coerced some women into exchanging sex for better treatment.

According to the Conduct in UN Field Missions online portal, there was one allegation submitted in July 2020 of sexual exploitation and abuse by the country’s peacekeepers deployed to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, allegedly involving an exploitative relationship with an adult. As of September the United Nations was investigating the allegation.

Impunity was a significant problem in the security forces, particularly in the gendarmes, police, and military forces. Factors contributing to impunity included corruption, lack of training, politicization of forces, and a lack of transparency in investigations. Offices tasked with investigating abuses included civil and military courts and government inspectors general within the Ministry of Security and Civilian Protection. In September the CNRD announced a new public toll-free number for citizens to report on abuses of power by defense and security forces. By year’s end the CNRD had removed two soldiers from the armed forces for vandalism and looting based on information received from the hotline.

Prison and Detention Center Conditions

Conditions in civilian prisons, which are under the supervision of the Ministry of Justice, remained abusive, with poor sanitation, malnutrition, disease, and lack of medical attention pervasive throughout the prison system. Conditions were allegedly worse in gendarme and police detention facilities designed for short-term detentions.

Physical Conditions: Overcrowding remained a problem. According to government sources, between January and February, the Conakry Central Prison in Conakry held 1,570 prisoners in a facility designed for 300 (523 percent of total capacity); Nzerekore held 271 prisoners in a facility designed for 80 (339 percent of total capacity); and Kakan held 229 in a facility designed for 80 (286 percent of total capacity). Government-funded rehabilitation programs were underfunded and ineffective, leading some NGOs to try filling the void.

Prison officials held men and women separately. Authorities held minors in separate sections at prisons and detention facilities, where they slept on iron bunk beds with no mattresses, or on the floor because it was too hot on the upper bunks below the building’s metal roof. Prison officials did not separate pretrial detainees from convicted prisoners. There were reports the government had trouble tracking the location of pretrial detainees in the justice system.

Between December 2020 and January, at least three opposition members died while in pretrial detention, reportedly due to poor prison living conditions. A fourth member died shortly after his release in December 2020. Authorities investigated none of the several reported deaths of prisoners.

Although the Ministry of Justice administered civilian prisons, prisoners allegedly controlled cell assignments and provided better conditions at some detention centers to prisoners who were able to pay. Rumors persisted that guards ignored court orders to free prisoners until bribes were paid.

A lack of health-care personnel, medicine, and medical supplies in prisons, combined with malnutrition and dehydration, sometimes made infection or illness life threatening; cases of beriberi were recorded. Only two of the 31 detention centers had a full-time doctor and medical staff. Reports of overcrowding in medical wards at detention centers were common, including at the Conakry Central Prison. Prisoners relied on family members, charities, or NGOs to bring medication, but visitors often had to pay bribes to provide the medicine to prisoners.

Mismanagement and neglect were prevalent. Toilets reportedly did not function, and prisoners often slept and ate in the same space used for sanitation purposes. Access to drinking and bathing water was inadequate. Many prisons were former warehouses with little ventilation and little access to electricity for air conditioning or other cooling techniques.

NGOs as well as the National Institution for Human Rights reported endemic malnutrition throughout the prison system. Authorities provided food at the Conakry Central Prison, but most prison directors relied on charities and NGOs to provide food for inmates. The Conakry Central Prison claimed it provided two meals a day; however, NGOs reported prisoners in Conakry and elsewhere received only one meal per day and that many relied on food from their families or other outside sources. Guards often demanded bribes for delivering food to prisoners, which they then frequently confiscated.

The UN Office of the High Commissioner for Human Rights and NGOs noted that conditions at gendarmerie detention centers, intended to hold detainees for not more than two days while they awaited court processing, were much worse than in prisons. Such “temporary” detention could last from a few days to more than two years, and facilities had no established systems to provide meals or medical treatment. As in the case of prisons, gendarmerie facilities were dank and unsanitary.

Administration: Prison authorities did not investigate credible allegations of abuse or inhuman prison conditions. Prisoners and detainees have the right to submit complaints but seldom did due to possible reprisals from prison guards. Prisoners must use a lawyer to file a complaint, but lawyers were scarce and expensive. Prison authorities received little to no formal penal training, and prison guards received only rudimentary basic military training designed for gendarmes. The local NGO Equal Rights for All stated religious practice was restricted at prisons other than the Conakry Central Prison. Prisoners complained that they were regularly denied access to visitors, including family members. Visitors were often required to pay bribes to access prisoners.

Independent Monitoring: Local NGOs such as Equal Rights for All and the Association for the Support of Refugees, Displaced Persons, and Detainees received regular and unimpeded access to the Conakry Central Prison; authorities rarely granted access to other facilities to monitor conditions.

Military prison conditions, managed by the Ministry of Defense, could not be monitored since the government denied access to prison advocacy groups and international organizations. Although military authorities claimed they did not hold civilians at military prisons, previously reported cases contradicted this assertion. Prior to the September coup d’etat, reports indicated a prison existed at a military camp on Kassa Island, and that political prisoners were at times held at a military camp near Kankan.

Guinea-Bissau

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that police tortured or used other cruel, inhuman, or degrading treatment or punishment against suspects.

In July police detained three youths in Bafata Province as they organized an impromptu street protest against electricity blackouts. Police allegedly tortured the three youths before they were released. The Minister of Interior terminated the employment of the three police officers involved.

There were no updates on investigations into allegations that security forces used cruel, inhuman, or otherwise degrading treatment or punishment against suspects in 2020, including the May 2020 abduction and assault of member of parliament, Marciano Indi, or the October 2020 beating and detention of two members of the political party MADEM-G15.

In July 2020 the parliament approved the creation of a Parliamentary Investigation Committee to investigate incidents involving three citizens. Among the cases were the abduction of Marciano Indi and the 2019 death of the Party for Social Renewal’s leader, Demba Balde. The committee was led by the African Party for the Independence of Guinea Cape Verde and consisted of a total of nine members of parliament. There were no updates on the committee’s investigations during the year.

Prison and Detention Center Conditions

Prison conditions varied widely but were poor. In the makeshift detention facilities for pretrial detainees, conditions were harsh and life threatening.

Physical Conditions: Conditions were poor. Except in the prisons in Bafata and Mansoa, electricity, potable water, and space were inadequate. Pretrial detention facilities generally lacked secure cells, running water, adequate heating, ventilation, lighting, and sanitation. Detainees’ diets were meager, and medical care was virtually nonexistent. At the pretrial detention center in Bissau, detainees relied on their families for food. Officials held pretrial detainees with convicted prisoners and juveniles with adults. There were no reported deaths in police custody.

Administration: Authorities did not investigate allegations of inhuman conditions. There was no prison ombudsman to respond to prisoners’ complaints or independent authorities to investigate credible allegations of inhuman conditions. In 2018 the National Commission for Human Rights recommended the closure of four pretrial detention centers (Cacine, Catio, Bigene, and Bissora) due to inhuman conditions, but they remained in use during the year.

Independent Monitoring: The government permitted independent monitoring of detention conditions by local and international human rights groups.

Guyana

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices. There were allegations that prison officials mistreated inmates.

Prison and Detention Center Conditions

Prison and jail conditions, particularly in police holding cells, were reportedly harsh and potentially life threatening due to overcrowding, physical abuse, and inadequate sanitary conditions.

Physical Conditions: In September the Guyana Prison Service reported there were 1,914 prisoners in seven facilities with a combined design capacity of 1,505. Overcrowding was in large part due to a backlog of pretrial detainees, who constituted approximately 46 percent of the total prison population.

One death occurred because of injuries inflicted by other inmates.

In 2018 the government reported a study finding that prison officers physically abused prisoners and that prison conditions at Lusignan Prison were appalling and cells were unfit for human habitation. Prisoners reported unsanitary conditions and a lack of potable water, and they also complained of lengthy confinement in their cells with limited opportunities for sunlight.

The adult prison population contained individuals 16 years of age and older. In most cases, however, offenders younger than 16 were held in a juvenile correctional center that offered primary education, vocational training, and basic medical care.

Administration: Authorities stated officers in charge of each prison location conducted weekly meetings with prisoners’ Complaints Committees to hear concerns. Prisoners often circumvented procedures for submitting complaints of inhuman conditions or mistreatment by passing letters addressed to government officials through family members.

Independent Monitoring: The government permitted outside groups to monitor prison conditions independently.

Improvements: Expansion work at the Mazaruni Prison was completed to accommodate 220 additional prisoners. Expansions at Lusignan Prison were begun to accommodate 1,000 additional prisoners. To address overcrowding, a 2021 expansion of the prison included three additional dormitories, improved kitchen and dining areas, a rehabilitated well, and a farming area for prisoners to grow food and raise chickens.

Haiti

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the law prohibits such practices, there were several reports from nongovernmental organizations (NGOs) alleging that HNP officers beat or otherwise abused detainees and suspects.

On May 12, a widely circulated video showed four departmental public order unit officers from Nord-Est Department forcibly removing Peguy Simeon from the roof of a public bus, after which they threw him to the ground and beat him. Simeon, on his way home from the Dominican Republic following his recent deportation, was taken to a local hospital, where he died due to his injuries. The HNP Office of the Inspector General placed the four officers involved in isolation, took precautionary measures (e.g., removal of firearms, assignment to desk duty, or both) against three more, and transferred the case to the local prosecutor for legal proceedings.

Impunity was a significant problem in the security forces. From September 2020 to June, BINUH documented 213 human rights violations, of which 126 were further investigated by the HNP Office of the Inspector General. During the same period, the General Inspectorate completed 131 investigations, many of which had been initiated previously. None of the eight cases transferred to prosecutors had gone to trial as of October. Civil society representatives continued to allege widespread impunity, driven largely by poor training and a lack of professionalism, as well as rogue elements within the police force allegedly maintaining gang connections.

Prison and Detention Center Conditions

Conditions in prisons and detention centers throughout the country were life-threatening. In June, BINUH and the Office of the UN High Commissioner for Human Rights (OHCHR) jointly reported prisoners were subject to torture and other cruel, inhuman, and degrading treatment in prisons and makeshift detention centers.

Physical Conditions: Overcrowding at prisons and detention centers was severe. The June OHCHR/ BINUH report found the average amount of space per prisoner was six square feet for men and 9.5 for women, although in some prisons space per prisoner was limited to as little as 2.5 square feet. In many prisons detainees slept in shifts due to the lack of space. Some prisons had no beds, and some cells had no natural light. In other prisons the cells were either open to the elements or lacked adequate ventilation. Prison facilities generally lacked adequate basic services such as plumbing, sanitation, waste disposal, medical services, potable water, electricity, ventilation, lighting, and medical isolation units for patients with contagious illnesses. BINUH and the OHCHR found the use of cruel, inhuman, and degrading treatment, sometimes amounting to torture, was widespread as a disciplinary measure throughout the prison system.

As of July approximately 270 prisoners were being held in makeshift and unofficial detention centers such as police stations in Petit-Goave and Miragoane. Local authorities held suspects in these facilities, sometimes for extended periods, without registering them with the HNP’s Directorate of Prisons.

Corrections authorities in Port-au-Prince maintained separate penitentiaries for adult men, women, and minors. In Port-au-Prince all male prisoners younger than 18 were held at the juvenile facility, but due to the lack of documentation, authorities could not always verify the ages of detainees. At times authorities mistakenly detained minors whose ages they could not confirm with adult inmates. Outside Port-au-Prince, due to lack of prison space and oversight, authorities did not always separate juveniles from adult prisoners or separate convicted prisoners from pretrial detainees, as the law requires.

There are specific provisions for juvenile offenders. Children younger than 13 are not held responsible for their actions. Until age 16, children cannot be held in adult prisons or share cells with adults. Juvenile offenders (anyone younger than 18) are placed in one of the country’s two re-education centers with the objective of having the offender successfully rejoin society.

Because of poor security, severe understaffing, and a lack of adequate facilities, many prison officials did not allow prisoners out of their cells for exercise. In the National Penitentiary, prisoners spent approximately one hour per day outside of confinement, but in all other facilities, prisoners had 15-20 minutes to use the toilet and bathe before returning to their cells.

On February 25, nearly 400 prisoners escaped from the Croix-des-Bouquets Prison in Port-au-Prince, which held approximately 1,550 inmates prior to the escape. The prison warden was killed during the incident. Gang leader Arnel Joseph escaped but was later killed by an HNP patrol unit. There were indications HNP officers both inside and outside the prison may have been complicit in the escape. The HNP recaptured 68 of the fugitives and initiated two investigations into the incident.

International and local observers said prisoners and detainees continued to suffer from a lack of adequate nutrition. According to the NGO Health Through Walls, approximately 3,700 prisoners in the penitentiary system were acutely malnourished. The HNP is responsible for the delivery of food to prisons, but Food for the Poor, Health Through Walls, the National Network for the Defense of Human Rights, and OHCHR/BINUH reported that delays in fund disbursement and payments to contracted food suppliers reduced the number of meals fed to prisoners. Some prisons had kitchen facilities and employed persons to prepare and distribute food. Prison authorities generally gave prisoners one to two meals a day, consisting of broth with flour dumplings and potatoes, rice and beans, or porridge. None of the regular meals provided the recommended caloric intake per day, and authorities allowed regular deliveries of food to prisoners from relatives and friends. According to Health Through Walls, approximately 500 prisoners suffered either minor or major episodes of malnutrition during the year.

International and local observers also reported a lack of hygiene and health care provision in the prison system. Health Through Walls reported that unsanitary conditions and overcrowding led to high rates of waterborne illnesses as well as tuberculosis and other communicable diseases. Most detention facilities had only basic clinics and lacked medications. Many lacked medical isolation units for patients with contagious illnesses. Few prisons had the resources to treat serious medical situations. Some very ill prisoners were treated at hospitals outside of prisons, but many hospitals were reluctant to accept prisoners as patients since there was no formal arrangement between the Ministry of Justice and the Ministry of Health regarding payment for treatment. Prisoners who died in the care of hospitals were not counted in official statistics of deaths in custody, which as of September 1 stood at 117.

Administration: The country’s independent human rights monitoring body, the Office of Citizen Protection (OPC), investigated credible allegations of inhuman conditions in prisons. The OPC regularly visited prisons and detention facilities and worked closely with NGOs and civil society groups.

Independent Monitoring: The corrections authority permitted the United Nations, local human rights NGOs, the International Committee of the Red Cross, and other organizations to monitor prison conditions. These institutions and organizations investigated allegations of abuse and mistreatment of prisoners. One human rights organization complained of a guard taking their photographs as they interviewed detainees.

Honduras

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, government officials received complaints and investigated alleged abuses by members of the security forces on the streets and in detention centers.

CONADEH reported 69 cases of alleged torture or cruel and inhuman treatment by security forces through August, while the Public Ministry received 18 such reports. The quasi-governmental National Committee for the Prevention of Torture, Cruel, Inhuman, or Degrading Treatment (CONAPREV) received 18 complaints of the use of torture or cruel and inhuman treatment through August.

Corruption along with a lack of investigative resources and judicial delays led to widespread impunity, including in security forces. The Directorate of Disciplinary Police Affairs investigated abuses by police forces. The directorate issued 1,379 recommendations to the Ministry of Security for disciplinary actions as of September following internal investigations of national police members. The Office of the Inspector General of the Armed Forces and the Humanitarian Law Directorate investigated abuses by the military. CONADEH received complaints involving human rights abuses and referred them to the Public Ministry for investigation. The Secretariat of Human Rights provided training to security forces to reinforce respect for human rights. Through September the secretariat trained 2,626 law enforcement officials in human rights and international humanitarian law.

Prison and Detention Center Conditions

Prison conditions were harsh and at times life threatening due to pervasive gang-related violence and the government’s failure to control criminal activity within the prisons. Prisoners suffered from overcrowding, insufficient access to food and water, violence, and alleged abuse by prison officials.

Physical Conditions: Prisoners suffered from severe overcrowding, malnutrition, lack of adequate sanitation and medical care, and, in some prisons, lack of adequate ventilation and lighting. The Secretariat of Human Rights reported that as of September 7, the total prison population was 20,768 in 25 prisons and one detention center. According to the secretariat, the system was designed for approximately 10,600 inmates.

The government failed to control pervasive gang-related violence and criminal activity within the prisons. Many prisons lacked sufficient security personnel. Many prisoners had access to weapons and other contraband, inmates attacked other inmates with impunity, and inmates and their associates outside prison threatened prison officials and their families. These conditions contributed to an unstable, dangerous environment in the penitentiary system. Media reported prison riots, violent confrontations, and killings between gang members in prisons throughout the year.

CONAPREV reported 13 violent deaths in prisons as of September. On June 17, a riot between alleged members of the 18th Street and MS-13 gangs in the maximum-security prison La Tolva in Moroceli, El Paraiso Department, resulted in five dead and 39 injured.

As of September the Secretariat of Human Rights reported the country’s pretrial detention center held 33 individuals. The center, administered by the National Prison Institute, was on a military installation and received some support services from the military. The government used the pretrial detention center to hold high-profile suspects and those in need of additional security, including police and military officials. The government closed two pretrial detention centers in April due to low numbers of these types of pretrial detainees. Long periods of pretrial detention remained common and problematic, with many other pretrial detainees held in the general population with convicted prisoners.

Authorities did not generally segregate those with tuberculosis or other infectious diseases from the general prison population; as of September the National Prison Institute reported 106 prisoners had been treated for tuberculosis. The lack of space for social distancing combined with the lack of adequate sanitation made prison conditions even more life threatening during the COVID-19 pandemic. The Secretariat of Human Rights reported three prisoner deaths due to COVID-19 through September. There was limited support for persons with mental illnesses or disabilities. CONAPREV reported every prison had a functioning health clinic with at least one medical professional, but basic medical supplies and medicines were in short supply throughout the prison system. In most prisons only inmates who purchased bottled water or had water filters in their cells had access to potable water.

Administration: The judicial system is legally responsible for monitoring prison conditions and providing for the rights of prisoners. The government tasks CONAPREV with visiting prisons and making recommendations for protecting the rights of prisoners. CONAPREV conducted 138 visits to prisons as of September. Media noted that family members often faced long delays or were unable to visit detainees.

Independent Monitoring: The government generally permitted prison visits by independent local and international human rights observers, including the International Committee of the Red Cross.

Hong Kong

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices and there were few reports of such abuse. According to a June Amnesty International report, prisoners in detention did not report abuse due to fear of retaliation. Other observers in direct contact with those in the detention facilities did not report witnessing or seeing evidence of abuse in the facilities.

Prison and Detention Center Conditions

There were reports of prison or detention center conditions that raised human rights concerns.

Wall-fare, an independent prisoners’ rights organization, submitted a petition signed by 100,000 persons requesting that in very hot weather, prisoners have access to cold water, better ventilation, and extra showers, as some facilities lacked air conditioning. Wall-fare disbanded in September after the security secretary announced that some groups were giving prisoners items such as chocolates and hair clips to recruit them to endanger national security.

In October, one individual detained under the National Security Law (NSL) accused the agency responsible for the SAR’s prisons and detention centers of intercepting letters sent to her on the grounds that they would “affect order in the prison,” arguing that the agency’s standards had become stricter on political grounds.

Physical Conditions: Some activists raised credible concerns that individuals in pretrial detention for charges related to the NSL were kept in solitary confinement for extended periods of time. In some cases, activists alleged these individuals were subjected to 24-hour lighting, excessively hot or cold temperatures, or other degrading conditions.

Administration: The government investigated allegations of problematic conditions and documented the results in a publicly accessible manner. There was an external Office of the Ombudsman.

Independent Monitoring: The government generally permitted legislators and justices of the peace to conduct prison visits. Justices of the peace may make suggestions and comments on matters, such as physical conditions, overcrowding, staff improvement, training and recreational programs and activities, and other matters affecting the welfare of inmates.

The Independent Police Complaints Council is the Hong Kong police watchdog, responsible for investigating alleged corruption or abuses. The SAR government announced in November 2020 that it would appeal a court ruling that month that declared the complaints council incapable of effective investigation, as it lacked necessary powers and was inadequate to fulfill the SAR’s obligations under the Basic Law to provide an independent mechanism to investigate complaints against the Hong Kong police.

Hungary

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, but there were reports that inhuman and degrading treatment and abuse sometimes occurred. Nongovernmental organizations (NGOs) noted that the investigation of cases of mistreatment was often inefficient, the success rate of holding officials accountable for alleged mistreatment through indictments and prosecutions was low, and in some cases law enforcement officials (such as police officers and penitentiary staff) who were sentenced to suspended imprisonment for committing criminal offenses involving the mistreatment of detainees were permitted to continue working.

Prison and Detention Center Conditions

Official statistics and NGOs reported a decrease in prison overcrowding, while physical conditions in the prison system varied. There were occasional reports of physical violence by prison guards.

Physical Conditions: Prison overcrowding decreased due to the use of facilities built from steel shipping containers in 2020. In response to a freedom of information request by the human rights NGO Hungarian Helsinki Committee, the National Prison Administration reported that the prison occupancy rate was at 95.48 percent of capacity in February.

On January 1, a law that entered into force restricted government compensation payments to those imprisoned in inhuman conditions. By law compensation granted in the final and binding court judgment is to be transferred to the penitentiary account of the inmate and reserved until his or her release from prison. Human rights NGOs viewed the law as discriminatory, since the government as the violator in such cases had authority to determine what inmates could do with the compensation they received for violation of their rights by authorities. Inmates were also vulnerable to prison governors who could decide matters affecting their daily lives, including whether to grant inmates access to the compensation on an exceptional basis in order to send payments to their families and other contact persons. According to NGOs, inmates were not allowed to use such compensation to pay their attorneys’ fees before their release. The new rules also excluded compensation for inadequate material conditions as long as the required living space was provided.

According to NGOs physical conditions in prisons varied, with dire conditions in some old prisons or parts of old prisons and better conditions in more recently built units.

Administration: NGOs reported that authorities occasionally failed to investigate credible allegations of mistreatment and that the investigation of cases of mistreatment (when undertaken) was often inefficient. There was no separate ombudsperson for prisons, but the ombudsperson’s office handled complaints of police misconduct and mistreatment that did not reach the level of a criminal offense. The lack of a thorough and effective domestic investigation into claims of mistreatment and violation of the prohibition of torture was established in at least two judgments by the European Court of Human Rights (ECHR) in 2020 and 2021.

After a 16-month ban, the easing of COVID-19 pandemic restrictions made prison visits possible again effective July 1, but under significantly stricter conditions than before the pandemic. Only COVID-19-vaccinated detainees were allowed to accept COVID-19-vaccinated visitors. Authorities allowed inmates one visit per month by one person. As of August 1, one child older than age 12 was also allowed during a visit if both the child and accompanying adult were vaccinated. younger than 12 or unvaccinated family members were not allowed to visit. Human rights NGOs noted that rules for visits were not transparent and frequently changed by the director general of the Hungarian Prison Service.

Independent Monitoring: Authorities allowed the Council of Europe’s Committee for the Prevention of Torture and the UN Subcommittee on the Prevention of Torture to conduct periodic and ad hoc visits to prisons and detention centers for both the country’s citizens and foreign nationals. As of November the national preventive mechanism under the Optional Protocol to the UN Convention against Torture undertook 17 visits to the country (10 to prisons, one to a correctional facility, three to police facilities, and three to social institutions).

There has been no independent NGO monitoring of police detention centers and prisons since 2017, when authorities terminated monitoring agreements with NGOs.

Iceland

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Men and women were held in different cellblocks in the prison in Reykjavik. There was a special block for women at Holmsheidi (Reykjavik) prison but common areas for work. Female prisoners were permitted to serve their sentences in open prisons with men, if they so wished. The law states the government must accommodate juvenile offenders in establishments managed by the Government Agency for Child Protection unless there are special grounds for accommodating them in prison.

The parliament’s ombudsman (who is entrusted with monitoring the Optional Protocol to the Convention against Torture) publicly released periodic reports on assessments of detention facilities including police holding cells, psychiatric wards, and prisons. The reports, which were based on interviews with prisoners and prison staff, described generally good conditions.

Administration: Authorities conducted investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring of prison conditions by media and independent local and international human rights groups, including the International Committee of the Red Cross and the Council of Europe’s Committee for the Prevention of Torture.

India

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture, but there were reports that police forces employed such practices.

Police beatings of prisoners resulted in custodial deaths (see section 1.a.).

The law does not permit authorities to admit coerced confessions into evidence, but nongovernmental organizations (NGOs) alleged authorities used torture to coerce confessions. Authorities allegedly also used torture to extort money or as summary punishment.

There were reports of abuse in prisons at the hands of guards and inmates, as well as reports that police raped female and male detainees.

On May 23, Karnataka police suspended Subinspector Arjun Honkera after Punith K.L, a Dalit man, filed a complaint against Honkera for forcing him to lick the urine of another inmate while he was in police custody. The complainant also alleged police beat him for hours. The Criminal Investigation Department of the Karnataka police arrested Honkera on September 2.

The government authorized the National Human Rights Commission (NHRC) to investigate rape cases involving police officers. By law the NHRC may also request information regarding cases involving the army and paramilitary forces, but it has no mandate to investigate those cases. NGOs claimed NHRC statistics undercounted the number of rapes committed in police custody. Some rape victims were unwilling to report crimes due to social stigma and fear of retribution if the perpetrator was a police officer or official. There were reports police officials refused to register rape cases.

Victims of crime were sometimes subjected to intimidation, threats, and attacks.

There were reports of security forces acting with impunity, but members were also held accountable for illegal actions. In December 2020 the army indicted an officer and two others for extrajudicial killings in Jammu and Kashmir; a court trial was underway. Jammu and Kashmir police also filed local charges against the accused.

Prison and Detention Center Conditions

Prison conditions were frequently life threatening, most notably due to inadequate sanitary conditions, lack of medical care, and extreme overcrowding.

Physical Conditions: Prisons were often severely overcrowded, and food, medical care, sanitation, and environmental conditions frequently were inadequate. Potable water was not universally available. Prisons and detention centers remained underfunded and understaffed and lacked sufficient infrastructure. Prisoners were sometimes physically mistreated.

According to the PSI 2020 report released in December, there were 1,306 prisons in the country with a total authorized capacity of 414,033 persons. The actual incarcerated population was 488,511. Persons awaiting trial accounted for approximately 76 percent of the prison population. The law requires detention of juveniles in rehabilitative facilities, but at times authorities detained juveniles in adult prisons, especially in rural areas. Authorities often held pretrial detainees with convicted prisoners. The PSI 2020 report acknowledged overcrowding as “one of the biggest problems faced by prison inmates.”

According to the India Justice Report 2020, in Uttar Pradesh each correctional officer is responsible for more than 25,000 inmates. In 21 states and union territories, the occupancy rate for prisons was more than 100 percent. The most crowded prisons were Delhi (at 175 percent of capacity), Uttar Pradesh (at 168 percent), and Uttarakhand (at 159 percent).

In May the Odisha Directorate of Prisons set up an exclusive ward in Bhubaneswar to house up to 10 transgender persons. The ward had beds, separate washroom blocks, a hall, and a reading room. State officials announced that similar exclusive wards for transgender persons will be opened in all other prisons in a phased manner. A representative of the transgender community welcomed the move, pointing out that there were previous reports of sexual harassment of transgender inmates held in the regular wards.

On May 7, the Supreme Court ordered state law enforcement agencies to reduce arrests and decongest prisons. The Supreme Court issued a similar ruling in March 2020, which ordered states and union territories to release certain prisoners on parole or interim bail. The state governments of Goa, Chhattisgarh, Madhya Pradesh, Gujarat, and Maharashtra independently ordered their prison systems to parole or furlough inmates to reduce prison overcrowding during the COVID-19 pandemic.

Administration: Authorities permitted prisoners to register complaints with state and national human rights commissions, but the authority of the commissions extended only to making recommendations. Government officials reportedly often failed to comply with a Supreme Court order instructing the central government and local authorities to conduct regular checks on police stations to monitor custodial violence.

Authorities permitted visitors limited access to prisoners, but some family members claimed authorities denied access to relatives, particularly in areas experiencing high levels of violence, including Jammu and Kashmir.

Independent Monitoring: The NHRC received and investigated prisoner complaints of human rights violations throughout the year. Civil society representatives believed few prisoners filed complaints due to fear of retribution from prison guards or officials.

The NHRC made unannounced visits to monitor state prisons in multiple states. NHRC special rapporteurs visited state prisons on a regular basis throughout the year to verify that authorities provided medical care to all inmates. The NHRC has not publicly released reports on their findings. NHRC jurisdiction does not extend to military detention centers.

Courts sometimes ordered prisoners released on bail to receive medical treatment.

Indonesia

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution prohibits such practices. The law criminalizes the use of violence or force by officials to elicit a confession, but no law specifies or defines “torture.” Other laws, such as on witness and victim protection, include antitorture provisions. Officials face imprisonment for a maximum of four years if they use violence or force illegally.

NGOs made numerous reports of police and security forces using excessive force during detention and interrogation, with some cases resulting in death (see section 1.a.).

National police and the military maintained procedures to address alleged torture. All police recruits undergo training on the proportional use of force and human rights standards. In cases of alleged torture (and other abuse), police and the military typically conducted investigations but often did not publicly disclose either the fact or the findings of these internal investigations. Official statements related to abuse allegations sometimes contradicted NGO accounts, and the frequent inaccessibility of areas where violence took place made confirming facts difficult. NGOs and other observers criticized the short prison sentences often imposed by military courts in abuse cases involving civilians or actions by off-duty soldiers.

KontraS reported 166 injuries from alleged torture and other abuse by security forces between June 2020 and May 2021. KontraS also reported 98 persons injured in police shootings during the same period. KontraS noted there had been a decrease in police violence cases compared with previous years but attributed the decrease to the COVID-19 pandemic rather than reforms in police behavior.

On May 25, a uniformed solider, Joaquim Parera, assaulted an employee of a gas station in East Nusa Tenggara Province. The employee refused to provide service to Parera because he had cut in line. The assault was filmed, and the video was spread widely online. A mediation session between Parera and the victim was held and the military reported the dispute had been settled peacefully. The military also stated that Parera could still face a military tribunal, but as of November 24 there were no updates on whether Parera faced punishment for the incident.

On June 22, police detained a 20-year-old man, Yohan Ronsumbre, on suspicion of theft in Biak Numfor Regency, Papua Province. NGOs reported that during the detention police officers attempted to force Ronsumbre to confess by punching him and pouring boiling water on his right arm. Ronsumbre’s lawyers reported the incident to police, the national Ombudsman, and the National Commission on Human Rights. In July a police representative told media they were investigating the incident. As of November 24, there was no update on the investigation or action taken against the officers involved.

On August 19, two soldiers from the 1627/Rote Ndao District Military Command in East Nusa Tenggara Province physically abused a 13-year-old boy who they suspected of stealing a mobile phone from one of the soldiers. The soldiers beat the boy, burned him with cigarettes, and burned his genitals with a candle. On August 23, the two soldiers were arrested by military police and were reportedly under investigation for the incident.

Aceh Province has special authority to implement sharia regulations. Authorities there carried out public canings for violations of sharia in cases of sexual abuse, gambling, adultery, alcohol consumption, consensual same-sex conduct, and sexual relations outside of marriage. Sharia does not apply to non-Muslims, foreigners, or Muslims not resident in Aceh. Non-Muslims in Aceh occasionally chose punishment under sharia because it was more expeditious and less expensive than secular procedures. For example, in February three non-Muslims convicted of illegal possession of alcohol requested punishment under sharia and each received 40 lashes. One of those punished publicly stated he did so to avoid a lengthy prison sentence.

Canings continued to occur in public spaces despite the Aceh governor’s 2018 order that they should be executed only in prison facilities. Individuals sentenced to caning may receive up to 100 lashes for each crime for which they were convicted, depending on the crime and prison time served.

NGOs reported that some female police and military recruits were subjected to invasive virginity testing as a condition of employment, which activists claimed were painful, degrading, discriminatory, and frequently inaccurate. The law does not require such testing, but some police and military regulations include the testing in their recruitment process, leading to inconsistent application across the country. Media reported that, per regulation, fiancees of military personnel were sometimes subjected to this testing. In June the army issued a technical regulation eliminating virginity testing for recruits and fiancees – the status of this testing for the navy and air force remained unclear.

In December 2020 President Widodo signed a government regulation on chemical castration and the use of tracking devices for individuals convicted of sexual abuse of children. The regulation allows chemical castration and electronic tracking for a maximum of two years after offenders are released from prison.

Security force impunity remained a problem. Members of the army special forces’ Rose Team, which was involved in the kidnapping, torture, and killing of students in 1997-98, continued to serve as senior officials in the government despite being convicted and serving prison sentences for their involvement in these abuses. On August 12, President Widodo awarded the nation’s third-highest civilian honor to Eurico Guterres, an alleged former pro-Indonesia militia leader in East Timor. In 2002 Guterres was convicted and sentenced to 10 years in prison for crimes against humanity for his involvement in mass violence and killings in East Timor prior to its independence in 1999. In 2008, however, the Supreme Court overturned the convictions of Guterres and all others convicted on such charges.

Internal investigations undertaken by security forces were often opaque, making it difficult to know which units and actors were involved, especially if they occurred in Papua or West Papua. Internal investigations were sometimes conducted by the unit accused of the abuses, or in high-profile cases by a team sent from police or military headquarters in Jakarta. Cases involving military personnel could be forwarded to a military tribunal for prosecution or, in the case of police, to public prosecutors. These trials lacked transparency, and the results were not always made public. Victims or their families may file complaints with the National Police Commission, National Commission on Human Rights, or National Ombudsman to seek an independent inquiry into the incident. The lack of transparent investigations and judicial processes continued to hamper accountability in multiple past cases involving security forces. NGOs continued to advocate for investigations and judicial resolution of historical cases of security force involvement in killings and disappearances that date back to 1965.

Prison and Detention Center Conditions

Conditions in the country’s 526 prisons and detention centers were often harsh and sometimes life threatening, due especially to overcrowding.

Physical Conditions: Overcrowding was a serious problem, including at immigration detention centers. According to the Ministry of Law and Human Rights, as of July there were 271,231 prisoners and detainees in prisons and detention centers designed to hold a maximum of 132,107. Overcrowding posed hygiene and ventilation problems. The degree of overcrowding varied at different facilities. Minimum- and medium-security prisons were often the most overcrowded; maximum-security prisons tended to be at or below capacity. On September 8, a fire at the Tangerang Level I Prison in Banten Province killed 49 inmates. Media reported that the fire occurred in a cell block designed for 38 inmates but that held 122.

From the beginning of the COVID-19 pandemic in early 2020 to September 2021, concern about the rapid spread of COVID-19 in prisons led officials to grant early releases to nearly 70,000 prisoners. This mass sentence reduction, however, did not apply to inmates convicted for “political crimes,” such as Papuan and Moluccan activists.

By law prisons are supposed to hold those convicted by courts, while detention centers hold those awaiting trial. Most prisons have two facilities on the same compound, one designed for pretrial detainees and one for convicted prisoners. Persons held at the two facilities did not normally mix. At times, however, officials held pretrial detainees together with convicted prisoners due to overcrowding.

By law children convicted of serious crimes serve their sentences in juvenile prison, although some convicted juveniles remained in the adult prison system despite efforts to end this practice.

Authorities generally held female prisoners at separate facilities. In prisons with both male and female prisoners, female prisoners were confined in separate cellblocks. According to NGO observers, conditions in prisons for women tended to be significantly better than in those for men. Women’s cellblocks within prisons that held prisoners of both genders, however, did not always grant female prisoners access to the same amenities, such as exercise facilities, as their male counterparts.

NGOs noted authorities sometimes did not provide prisoners adequate medical care. Human rights activists attributed this to a lack of resources.

International and local NGOs reported that in some cases prisoners did not have ready access to clean drinking water. There were widespread reports the government did not supply sufficient food to prisoners, and family members often brought food to supplement relatives’ diets.

Guards in detention facilities and prisons regularly extorted money from inmates, and prisoners reported physical abuse by guards. Inmates often bribed or paid corrections officers for favors, food, telephones, or narcotics. The use and production of illicit drugs in prisons were serious problems, with some drug networks basing operations out of prisons.

Administration: The law allows prisoners and detainees to submit complaints to authorities without censorship and to request investigation of alleged deficiencies. Complaints are submitted to the Ministry of Law and Human Rights where they were investigated and were subject to independent judicial review.

Independent Monitoring: Some NGOs received access to prisons but were required to obtain permission through bureaucratic mechanisms, including approval from police, attorneys general, courts, the Ministry of Home Affairs, and other agencies. NGOs reported authorities rarely permitted direct access to prisoners for interviews and that health restrictions implemented to prevent the spread of COVID-19 had further impeded their ability to monitor prison conditions. There was no regular independent monitoring of prisons.

On August 16, protesters gathered in Yahukimo Regency, Papua Province, to protest the arrest of Victor Yeimo (see section 1.e.) and the extension and revision of special autonomy for Papua. NGOs reported that police opened fire on the demonstration and arrested 48 protesters. One protester, Ferianus Asso, was allegedly hit by police gunfire in the abdomen; he was treated at home until August 20, when he was taken to a local hospital. On August 22, Asso died from complications related to his injuries. As of November 24, there were no reports that the government investigated the incident.

Iran

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits all forms of torture “for the purpose of extracting confession or acquiring information,” use of physical and mental torture to coerce confessions remained prevalent, especially during pretrial detention. There were credible reports that security forces and prison personnel tortured and abused detainees and prisoners throughout the year.

Commonly reported methods of torture and abuse in prisons included threats of execution or rape, forced vaginal and anal examinations, sleep deprivation, waterboarding, suspension, forced ingestion of chemical substances, deliberate deprivation of medical care, electroshock including the shocking of genitals, burnings, the use of pressure positions, and severe and repeated beatings.

Human rights organizations frequently cited some prison facilities, including Evin Prison in Tehran, Rajai Shahr Prison in Karaj, Greater Tehran Penitentiary, Qarchak Prison, Adel Abad Prison, Vakilabad, Zahedan, Isfahan Central Prison (Dastgerd), and Orumiyeh Prison, for their use of cruel and prolonged torture of political opponents, particularly Wards 209 and Two of Evin Prison, reportedly controlled by the IRGC. Authorities also allegedly maintained unofficial secret prisons and detention centers outside the national prison system, where abuse reportedly occurred.

In August according to the Associated Press and widespread media reports, the hacker group Edalet-e Ali (Ali’s Justice) posted online security camera footage from Evin Prison of prison authorities beating and mistreating inmates, the attempted suicide of prisoners without authorities intervening, and emaciated inmates being dragged by their arms and left in stairwells. Human Rights Watch (HRW) assessed that the leaked footage was “likely the tip of the iceberg” of the abuses occurring in detention facilities, as it did not include footage from two prison wards inside Evin Prison controlled by the intelligence agencies, “where political prisoners often face serious abuse, including prolonged solitary confinement, use of blindfolds, and torture.”

According to a February report by IHR, authorities held a public interrogation session at the Palace of Justice for physics students Ali Younesi and Amir Hossein Moradi, both arrested in April 2020 on charges of affiliation with the Mojahedin-e Khalgh (MEK) opposition group, which the Iranian regime has banned. The session revealed that beatings by Ministry of Intelligence agents of Younesi during his interrogation caused his eye to bleed for 60 days after his arrest. In August 2020 UN human rights experts sent a letter to the Iranian ambassador to the United Nations urging that he “take all necessary measures to guarantee the right of Mr. Younesi not to be deprived of his liberty, to protection from any act of torture or ill-treatment[,] and to fair-trial proceedings,” a reference to his 59 days of solitary confinement and possible exposure to COVID-19 in overcrowded cells. On July 3, Younesi and Moradi were charged with “corruption on earth,” which carries the death penalty, and other crimes. As of November 22, both students remained in Evin Prison’s Ward 209.

Before their execution in early January (see section 1.a.), Hassan Dehvari and Elias Qalandarzehi described in a letter the seven months of torture they endured. Dehvari wrote, “In the (Ministry of) Intelligence (detention center), we were subjected to physical and psychological torture including being threatened with rape, tying us to the “miracle bed” (a bed used for flogging prisoners), all types of instruments, like whips, cable wires, a metal helmet that would be wired with electric shocks to our heads, attempting to pull out hand and toe nails, turning on an electric drill and threatening to drill our arms and legs, bringing my wife and a video camera and [telling] me that either I accept the charge or they would rape her and film it in front of me.”

Judicially sanctioned corporal punishments continued. These included flogging, blinding, stoning, and amputation, which the government defends as “punishment” and does not consider to be torture. At least 148 crimes are punishable by flogging, while 20 may carry the penalty of amputation. According to the Abdorrahman Boroumand Foundation, between January 1 and September 2, authorities sentenced at least 77 individuals to amputation and carried out these sentences in at least eight cases. There were no recorded cases of amputation during the year.

According to Amnesty International, authorities flogged Hadi Rostami, an inmate at Orumiyeh Prison in West Azerbaijan Province, 60 times on February 14 for “disrupting prison order.” Extrajudicial punishments by authorities involving degrading public humiliation of alleged offenders were also frequently reported throughout the year. Authorities regularly forced alleged offenders to make videotaped confessions that the government later televised.

On September 9, labor rights activist Sepideh Gholian detailed, in a series of tweets while she was on temporary furlough from Bushehr Prison, the abuse she witnessed of fellow inmates in the women’s ward. Gholian described how the prison warden punished a female inmate for taking a shower “at the wrong hour” by hosing her down naked in a public space and forcing other inmates to watch and jeer. Gholian alleged the warden forcibly sent female inmates to the men’s wards where they were subjected to sexual assault under the guise of “temporary marriages” (sigheh). She also detailed officials’ abuse of an Afghan child living with his mother in prison and the denial of undergarments for female prisoners as punishment, including for some who were menstruating. On October 10, Gholian was rearrested and taken to Evin Prison, where she remained at year’s end.

Impunity remained a widespread problem throughout all security forces. Human rights groups frequently accused regular and paramilitary security forces such as the Basij of committing numerous human rights abuses, including torture, forced disappearances, and acts of violence against protesters and bystanders at public demonstrations. The government generally viewed protesters, critical journalists, and human rights activists as engaged in efforts to undermine the 1979 revolution and consequently did not punish security forces for abuses against those persons even when the abuses violated domestic law. According to Tehran prosecutor general Abbas Jafari-Dolatabadi, the attorney general is responsible for investigating and punishing security force abuses. If any investigations took place during the year, the process was not transparent, and there were few reports of government actions to discipline abusers.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening due to food shortages, gross overcrowding, physical abuse, and inadequate sanitary conditions and medical care. Prisoner hunger strikes in protest of their treatment were frequent.

Physical Conditions: Overcrowding, widespread infrastructure deficiencies, lack of clean water and sanitary facilities, and insufficient numbers of beds continued to represent a serious threat to prisoners’ lives and health, according to a July report by UNSR Rehman.

Overall conditions worsened significantly during the COVID-19 pandemic. According to a 2020 report by Amnesty International, which cited letters written by senior prison authorities, prisons lacked the disinfectant products and protective equipment needed to address the spread of virus. The letters reportedly acknowledged many prisons held individuals with underlying health conditions, which increased their risk of complications if infected with COVID-19. According to CHRI, the fifth wave of the COVID-19 pandemic, which started in July, greatly increased the risks of outbreaks among prisoners. CHRI cited multiple political prisoners describing how authorities had not taken appropriate steps to ensure prisoner safety, such as not disinfecting prison telephones or allowing prisoners to purchase personal hygiene products in Qarchak Prison. CHRI also quoted Saeid Janfada, the head of the State Prisons Organization in Khorasan Razavi Province, who stated on June 27 that “about nine” prisoners had died of COVID-19 in the province since March. According to UNSR Rehman’s July report, authorities claimed “no one had died inside prison due to COVID-19 but acknowledged the death of 38 prisoners or prison staff in hospitals or treatment centers.” Prisoners of conscience were mostly excluded from prison furloughs in 2020, including human rights defenders, foreign and dual nationals, environmentalists, individuals detained due to their religious beliefs, and persons arbitrarily detained in connection with the November 2019 protests.

There were reported deaths in custody and prisoner-on-prisoner violence, which authorities sometimes failed to control. In April 2020 Amnesty International reported at least 35 prisoners were killed and others injured in at least eight prisons across the country when security officials used live ammunition and tear gas to suppress riots because of COVID-19 safety fears. As of September there was no indication the government had investigated these events.

According to IranWire and human rights NGOs, guards beat both political and nonpolitical prisoners during raids on wards, performed nude body searches in front of other prisoners, and threatened prisoners’ families. In some instances, according to HRANA, guards singled out political prisoners for harsher treatment.

Prison authorities often refused to provide medical treatment for pre-existing conditions, injuries that prisoners suffered at the hands of prison authorities, or illnesses due to the poor sanitary conditions in prison. Human rights organizations reported that authorities used denial of medical care as a form of punishment for prisoners and as intimidation against prisoners who filed complaints or challenged authorities. Medical services for female prisoners were reported as grossly inadequate.

A 2020 statement by the Office of the High Commissioner for Human Rights expressed serious concern regarding a consistent government pattern of denying medical treatment to detainees, including political prisoners, which was heightened during the year due to the spread of COVID-19 throughout prisons. The statement called for the unconditional release of human rights defenders, lawyers, political prisoners, peaceful protesters, and all other individuals deprived of their liberty for expressing their views or otherwise exercising their rights. In July UNSR Rehman’s report documented that some political prisoners in particular had become critically ill because they had not received urgently needed medical care.

According to HRW, CHRI, and media reports, two political prisoners died in the hospital after being denied adequate health care. On February 21, Behnam Mahjoubi died in the hospital of multiple seizures. He had been transferred from Evin Prison after the State Medical Examiner concluded he was not fit to be incarcerated. Mahjoubi was a Gonabadi Sufi who had been serving a two-year sentence for “national security” charges since 2020. According to the Iranian Students’ News Agency, Sassan Niknafs died on June 5 after losing consciousness in the Greater Tehran Penitentiary. Niknafs was serving a five-year sentence on charges of “assembly and collusion against national security” and “propaganda against the state.”

Civil rights activist Saeed Eghbali reportedly suffered permanent hearing damage in Evin Prison after prison authorities denied him treatment for a ruptured ear drum. Notably, HRW reported that according to prisoner accounts, “Evin Prison, where most high-profile detainees are kept, actually has a higher standard of hygiene and access to medical care compared to other prisons, especially those far from [Tehran].”

The United Nations and NGOs consistently reported other unsafe and unsanitary detention conditions in prisons, including contaminated food and water, frequent water and food shortages, rodent and insect infestations, shortages of bedding, intolerable heat, and poor ventilation.

Authorities occasionally held pretrial detainees with convicted prisoners. Previous reports indicated a deliberate practice of holding political prisoners in wards with allegedly violent and dangerous criminals, with the goal of “breaking” the political prisoners’ will. A July 2020 report by UNSR Rehman noted that prisoners ordinarily held in wards controlled by the IRGC or Ministry of Intelligence were moved to public wards after the sharp increase in detainees following the 2019 protests, and child and juvenile detainees were reportedly held in the same cells as adults in some facilities, including Saghez Central Prison in Kurdistan Province. Male juvenile detainees were held in separate rehabilitation centers in most urban areas, but female juvenile detainees and male juvenile detainees in rural areas were held alongside adults in segregated detention facilities, according to NGO reports.

IranWire reported multiple prisons across the country held older children who lived with their incarcerated mothers without access to medical care or educational and recreational facilities.

There were numerous reports of attempted prisoner suicides throughout the year in response to prison conditions or mistreatment. According to a March 3 report by the human rights NGO United for Iran, political prisoner Mohammad Nourizad, who suffered from heart disease, cut his face and neck with a razor in Evin Prison during a visit with his family in March to protest being denied access to medical care. Imprisoned since 2019 for signing an open letter with 13 others calling for the resignation of the supreme leader, Nourizad was released from Evin Prison in July.

According to a June 12 report by IHR, a juvenile prisoner on death row, Ali Arjangi, attempted suicide by slitting his throat and veins in Ardabil Central Prison. Arjangi’s mother, a person with disabilities, was not able to pay the billion toman ($23,700) blood money (diya) to the victim’s family by May 12 for the alleged murder he committed at age 17. On June 30, he was released after charities and individuals helped raised the necessary funds.

Administration: In most cases authorities did not initiate credible investigations into allegations of inhuman conditions or suspicious deaths in custody. After videos of mistreatment in Evin Prison were made public, the head of the State Prisons Organization, Mohammad Mehdi Haj Mohammadi, apologized in a tweet “for these unacceptable behaviors” and promised to “deal seriously with wrongdoers.” Iran International reported that the judiciary began legal proceedings against six of the guards seen in the footage and announced, “a four-member committee to be based in Evin [Prison] to investigate the conditions and management of the prison.”

Prisoners were able to submit complaints to judicial authorities but often faced censorship or retribution in the form of slander, beatings, torture, and denial of medical care and medication or furlough requests, as well as charges of additional crimes.

In October 2020 HRW highlighted the cases of environmentalist Niloufar Bayani and student activist Parisa Rafiee, both of whom authorities had charged with “publishing false information,” and “propaganda against the state,” for reporting abuse in detention, including threats of sexual violence and rape. According to United for Iran, Rafiee was released. As of August 31, Bayani remained in Evin Prison.

According to reports from human rights NGOs, prison authorities regularly denied prisoners access to an attorney of their choice, visitors, telephone calls, and other correspondence privileges. Families of executed prisoners did not always receive notification of their scheduled executions, or if they did, it was often provided on very short notice (see section 1.a.). Authorities frequently denied families the ability to perform funeral rites or to have an impartial and timely autopsy performed.

Prisoners practicing a religion other than Shia Islam reported experiencing discrimination.

Independent Monitoring: The government did not permit independent monitoring of prison conditions. Prisoners and their families often wrote letters to authorities and, in some cases, to UN bodies to highlight and protest their treatment (see section 1.e., Political Prisoners and Detainees).

Iraq

Section 1. Respect for the Integrity of the Person

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the constitution prohibits torture and forced confessions, there is no law setting out the legal conditions and procedural safeguards to prevent torture. Consequently, noncompliance enabled the practice of torture in jails, detention facilities, and prisons to be hidden from effective legal oversight. Moreover, the types of conduct that constitute torture are not legally defined under the law, and the law gives judges full discretion to determine whether a defendant’s confession is admissible, often without regard for the way it was obtained. Courts routinely accepted forced confessions as evidence, which in some ISIS-related counterterrorism cases was the only evidence considered. Numerous reports from local and international nongovernmental organizations (NGOs) indicated that government officials employed torture and other cruel, inhuman, or degrading treatment or punishment. Federal Police, Popular Mobilization Forces, and certain units of Kurdistan Regional Government (KRG) Asayish internal security services, operated with impunity.

For example on July 28, social media outlets circulated widely news of the death of a young man, Hisham Mohammed, who was severely beaten by police officers during his arrest by the anticrime directorate in Basrah Province. His lawyer asserted that Mohammed had been arrested because of a similarity in his name to that of a fugitive accused of murder. Mohammed died from his injuries after police officers reportedly employed torture to secure a confession. The Ministry of Interior formed an investigative committee, but its results were not published.

As in previous years, there were credible reports that government forces, including Federal Police, the NSS, and the PMF, abused and tortured individuals – particularly Sunni Arabs – during arrest and pretrial detention and after conviction. Former prisoners, detainees, and international human rights organizations documented cases of torture and other cruel, inhuman, or degrading