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Burma

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

While the law prohibits torture, members of security forces reportedly tortured, raped, beat, and otherwise abused prisoners, detainees, and other citizens and stateless persons in incidents not related to armed conflict. Such incidents occurred, for example, in Rakhine and Kachin States.

Security forces reportedly subjected detainees to harsh interrogation techniques designed to intimidate and disorient, including severe beatings and deprivation of food, water, and sleep. Authorities reportedly no longer used burnings and water torture as a common practice, but human rights groups continued to report incidents of torture in conflict-affected states. As in previous years, authorities took little action to investigate incidents or punish alleged perpetrators.

There were credible reports of rapes of women in Rakhine State, including by security forces, that local authorities and security forces failed to investigate or prosecute alleged perpetrators (see sections 1.g. and 1.d.).

Prison and Detention Center Conditions

Conditions in prisons and labor camps continued to be harsh due to overcrowding, degrading treatment, and inadequate access to quality medical care and basic needs, including food, shelter, and hygiene.

Physical Conditions: The Correctional Department operated an estimated 43 prisons and approximately 48 labor camps, officially called “agriculture and livestock breeding career training centers” and “manufacturing centers,” according to the government. More than 20,000 inmates were serving their sentences in 46 of these centers across the country, where prisoners could opt to serve a shortened period of their prison sentence in “hard labor,” which was considered by many as more desirable.

A human rights group and prominent international NGO estimated there were approximately 60,000 prisoners–50,000 men and 10,000 women–held in separate facilities in prisons and labor camps. Estimates placed the number of juvenile detainees at a few hundred. Overcrowding was reportedly a problem in many prisons and labor camps. Some prisons held pretrial detainees together with convicted prisoners and occasionally held political prisoners together with common criminals.

Medical supplies and bedding were often inadequate. Bedding sometimes consisted of a single mat, wooden platform, or laminated plastic sheet on a concrete floor. Prisoners did not always have access to potable water. In many cases family members supplemented prisoners’ official rations with medicine and basic necessities. Inmates reportedly paid wardens for basic necessities, including clean water, prison uniforms, plates, cups, and utensils.

Detainees were unable to access quality and timely medical care. Prisoners suffered from health problems, including malaria, heart disease, high blood pressure, tuberculosis, skin diseases, and stomach problems, resulting from unhygienic conditions and spoiled food. The prevalence of HIV/AIDS and other sexually transmitted infections in prisons reportedly remained high. Former prisoners also complained of poorly maintained physical structures that provided no protection from the elements and had rodent, snake, and mold infestation.

There were reports of custodial deaths due to health problems associated with prison conditions and lack of quality and timely medical care. Between 2011 and 2014, 120 persons reportedly died in 46 of the prisons and labor camps, reportedly from “weather, diet, lifestyle, and accidents.”

Prison conditions in Rakhine State were reportedly among the worst, with reports of hundreds of Rohingya arbitrarily detained in prison and nonprison facilities, denied due process, and subjected to torture and abuse by Rakhine State prison and security officials.

Administration: Some prisons prevented full adherence to religious codes for prisoners, ostensibly due to space restrictions and security concerns. For example, imprisoned monks reported that authorities denied them permission to observe the Buddhist holy day, wear robes, shave their heads, or eat on a schedule compatible with the monastic code. Citing security considerations, authorities denied permission for Muslim prisoners to pray together as a group, as is the practice for Friday prayers and Ramadan. Prisoners and detainees could sometimes submit complaints to judicial authorities without censorship or negative repercussions. The International Committee of the Red Cross (ICRC) followed up with the relevant authorities on allegations of inappropriate conditions.

Independent Monitoring: The government restored the ICRC’s unfettered access to prisons, prisoners, and labor camps in 2013, yet the ICRC did not have access to military or nonprison detention sites. The ICRC continued to expand its assistance to prison facilities in ethnic-minority areas, including in Shan, Kachin, and Rakhine States. Following the resumption of access, the ICRC and the government upgraded water and sanitary facilities, medical infrastructure, and waste management systems in prisons and assisted detainees in restoring or maintaining contact with family members. The ICRC reported its findings through a strictly confidential bilateral dialogue with prison authorities. These reports were neither public nor shared with any other party.

Improvements: The government continued to make systematic improvements to the country’s prison system. With continued ICRC access to civilian prisons and labor camps, reports of torture have decreased while progress in overcrowding and vocational training opportunities have contributed to improvements in detention conditions and basic services.

Timor-Leste

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

The law prohibits such practices and limits the situations in which police officers may resort to physical force and the use of firearms. During the year there were multiple reports of the use of excessive force by security forces. Most complaints involved maltreatment, use of excessive force during incident response or arrest, and threats made at gunpoint.

For example, in January police officers from the Public Order Battalion stationed in Maliana reportedly beat a medical staff member on duty in the hospital who attempted to interfere with their harsh treatment of a patient. Police leaders responded by opening an investigation into the incident, and the case was in process in Suai District Court.

Prison and Detention Center Conditions

Prison and detention center conditions generally did not meet international standards, and the larger of the country’s two prisons was overcrowded.

Physical Conditions: According to human rights monitoring organizations, police station detention cells generally did not comply with international standards and lacked sanitation facilities and bedding, although the police were making efforts to improve them. The prison in Dili (Becora) was overcrowded. It had an estimated capacity of 290 inmates, but in September held 555 adult and juvenile male convicts and pretrial detainees. According to independent monitoring, juvenile and adult prisoners were in the same block, although separate blocks housed pretrial detainees and convicts. Gleno Prison was not overcrowded, but held women as well as adult male convicts and pretrial detainees, albeit in separate blocks. Conditions were the same for male and female prisoners, who shared recreation areas. Housing blocks separated nonviolent offenders from violent offenders. There were no specific supports for offenders with mental disabilities.

Authorities provided food three times daily in the prisons; however, there was no budget for food in police station detention centers, and officers and independent monitors reported that police purchased food for prisoners out of their personal funds. While authorities provided water in prisons, it was not always available in detention centers. Due to lack of Ministry of Health staff, the Ombudsman for Human Rights and Justice (PDHJ) found that there was no regular staffing of medical centers at the hospitals and medical staff might only be available on a weekly or monthly basis at the facility. For urgent cases and those beyond basic needs, authorities took inmates to a local hospital in Gleno or Dili. Access to clean restroom facilities was generally sufficient, although without significant privacy. PDHJ assessed ventilation and lighting as adequate in prisons, but not in detention centers. Prisoners were able to exercise for two hours daily.

Administration: Independent monitors reported that prison authorities followed case management guidelines and standard operating procedures to track prisoners. Prisoners and detainees could submit complaints to judicial authorities without censorship and request investigation of credible allegations of problematic conditions. The PDHJ oversees prison conditions and prisoner welfare. It monitored inmates in Dili, and reported that the government was generally responsive to recommendations. Nonetheless, some human rights monitoring organizations questioned how widely known the complaint mechanism was and whether prisoners felt free to utilize it. Prisoners were able to practice their religion without significant restrictions.

Prisons permit 30-minute visits twice per week, but some visitors complained that the duration was too short, given the time required to travel for the visit.

Independent Monitoring: The government permitted prison visits by nongovernmental organizations (NGOs) and independent human rights observers.

Improvements: Authorities completed construction of a new prison on the south coast, to be occupied early in 2017.

Uganda

Section 1. Respect for the Integrity of the Person, Including Freedom from:

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

The constitution and law prohibit such practices. The 2012 Antitorture Act stipulates that any person convicted of an act of torture may be subject to 15 years’ imprisonment, a fine of 7.2 million shillings ($2,050), or both. The penalty for conviction of aggravated torture is life imprisonment. Nevertheless, there were credible reports security forces tortured and beat suspects.

From January to June, the African Center for Treatment and Rehabilitation of Torture Victims (ACTV) registered 856 allegations of torture by police, the Flying Squad (a UPF unit assigned to violent crimes), special investigations units of police, and the UPDF. The ACTV provided legal advice to 142 torture victims and initiated three public litigation cases of torture against the government.

The ACTV reported that Twaha Kasaija, whom marine police arrested for theft on March 23, was tortured to death at Walukuba Police Station. According to the ACTV, Kasaija’s injuries suggested he was punched, kicked, and beaten with batons, wire cable, and sticks. Kasaija’s brother, Abdul Rahman Muyima, and neighbor, Mohammed Kitakule, also were arrested and appeared to have been beaten with batons, wire cable, and sticks. Police arrested officers Patrick Katete and Charles Okure (the officer in charge) but later released Okure on bond; Katete remained in jail awaiting trial on murder charges at year’s end.

The UHRC reported it awarded 36.6 million shillings ($10,450) in compensation to victims of torture and other abuses from January through June.

PRISON AND DETENTION CENTER CONDITIONS

Prison conditions remained poor and, in some cases, life threatening. Serious problems included overcrowding, physical abuse of detainees by security staff and fellow inmates, inadequate food, and understaffing. Local human rights groups, including the ACTV, received reports of torture by security forces and prison personnel. Reports of forced labor continued. Most prisons did not have accommodations for persons with disabilities.

Physical Conditions: Gross overcrowding remained a problem. According to the Uganda Prisons Service (UPS), the prison system had a maximum inmate capacity of 22,000 but incarcerated 48,689. The Foundation for Human Rights Initiative (FHRI), which had visited 13 police stations and 13 prisons by August, reported that four of the five prisons in the north were particularly overcrowded. Gulu Prison, for example, held 1,400 inmates in a facility designed for 400. Prison authorities blamed the overcrowding on the criminal justice system’s inability to process cases in a timely manner.

As of August, 233 babies stayed in prison with their mothers. Some women’s prisons also had day-care facilities. Authorities in Kampala separated pretrial detainees from convicted prisoners, but prisons in other areas did not.

The UPS reported 67 inmate deaths between January and August. Causes of death included malaria, cardiac arrest, anemia, pneumonia, and tuberculosis. Media reported deaths also occurred as a result of suicide and police abuse.

In interviews with prisoners, FHRI received reports of prison staff and fellow inmates beating and abusing prisoners, although there were fewer such reports than in previous years. In Koboko Prison, for example, guards reportedly assigned certain inmates leadership positions and gave them sticks, which they often used to beat fellow prisoners.

The UHRC inspected 106 of the country’s 247 prisons and four military detention facilities during the year. It found that prisons in Koboko and Nebbi districts did not have health centers, requiring inmates to walk long distances, under guard, to access medical care. Outside Kampala, some prisons lacked sufficient food, water, medical care, means to transport inmates to court, bedding, infrastructure, and sanitation facilities.

Provision of food and medical services in jails also was inadequate. According to detainees and guards at the 13 police stations FHRI had visited by August, detainees received only one meal per day. According to the UHRC, which inspected 183 of 300 police stations during the year, some stations did not provide meals to suspects and most lacked the means to transport suspects to court.

Administration: Recordkeeping remained a problem. The UPS claimed it was unable to manage information because it lacked computers.

The UPS reported that its assistant commissioner in charge of human rights investigated and mediated complaints between management and prisoners. The UPS added that each prison had a human rights committee responsible for addressing complaints and relaying them to the assistant commissioner. Prison authorities acknowledged a backlog in the investigation of complaints.

Independent Monitoring: Authorities allowed FHRI and the ACTV to conduct prison visits with advance notification. The International Committee of the Red Cross declined to comment on whether it conducted prison visits during the year.

Improvements: During the year prison authorities hired 1,548 new staff–mainly wardens, cadet principal officers, and cadet assistant superintendents of prisons–increasing the total number of UPS staff to 7,448. The UPS acknowledged, however, that it still had a staff shortage of 5,000. The UPS also installed flush toilets in 47 of the 58 prisons, constructed four new prisons, and renovated two others. Unlike in the previous year, women had separate facilities in all prisons. The UPS had a budget to accommodate pregnant women and mothers with infants, and pregnant mothers received antenatal care services and special diets.

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