Index des droits de l'Homme

> in addition to the foregoing, a number of steps should be taken in the immediate future to address the most urgent human rights concerns:

- implement the recommendations contained in the report on the 2007 visit of WG Arbitrary Detention to Equatorial Guinea (A/HRC/7/4/Add.3, para. 100), notably that the Government should: put an immediate end to the practice of secret detentions; revise the national criminal law framework, including with regard to making guarantees of habeas corpus effective; reform the judiciary with a view to complying with the international instruments to which Equatorial Guinea is a State party; and allow civil society organizations to function independently
- strictly separate women and minors from adult men in all places of detention
- introduce proper registers in police detention facilities (to some extent the gendarmerie registers can serve as an example) and maintain proper registers in prisons; issue a transparent set of rules allowing for regular family visits in all places of detention; make minimal use of solitary confinement (see also A/63/175, paras. 77‑85 and annex) and refrain from using leg irons
- improve conditions in police and gendarmerie detention facilities; in particular by providing food and drinking water and ensuring that detainees have access to medical care as well as toilets and sanitary facilities
- with regard to foreigners, SR Torture underscores the recommendation of the WG Arbitrary Detention to avoid their detention where possible, and to guarantee them all the rights recognized to persons deprived of liberty by international instruments, including the right to communicate with their respective consulates

r) ensure protection due to everyone against acts prohibited by article 7 ICCPR
r) end culture of impunity from which perpetrators of such violations benefit; guarantee that cases of kind in question will be investigated with view to bringing suspects before courts, punishing culprits and indemnifying victims
r) respect standards set forth in article 14 ICCPR and ensure that no statement or confession made under torture can be used in evidence

> as for the international community, SR Torture notes that, as a result of the discovery of considerable oil reserves on Equatorial Guinean territory, many transnational corporations are operating in the country
> in addition, a number of bilateral and multilateral donors have technical assistance programmes under way, including in the areas of law enforcement and the administration of justice
> SR Torture calls on all the international actors present in the country, including transnational corporations, to take note of his assessment that torture is systematically practised by the police, and to ensure that, in their projects and initiatives, they do not become accomplices to violations of the prohibition of torture and ill‑treatment

> on the basis of discussions with public officials, judges, lawyers and representatives of civil society, interviews with victims of violence and with persons deprived of their liberty, most often corroborated by forensic medical evidence, the SR Torture concludes that torture is systematically used by the police, in particular at the Central Police Stations in Bata and Malabo
> the types of abuse reported and corroborated by expert medical analysis and evidence found in the respective police stations, includes severe beatings on various parts of the body, electroshocks, various forms of suspension with hands and feet tied together, including the so-called “Ethiopian style” for prolonged periods
> furthermore victims were sometimes blindfolded or forced to inhale candle smoke

> whereas the physical conditions in penitentiary institutions have improved over recent years, the Special Rapporteur observed some overcrowding and heavy restrictions on the detainees (in terms of restraints such as the permanent wearing of leg irons and solitary confinement)
> severe limitations on contacts with the outside world

> SR Torture received credible reports that immigrants run an increased risk of being subjected to discriminatory practices and sometimes even physical abuse by other detainees with the tacit approval of the police

> SR Torture finds impunity to be practically total
> except for one case, no alleged perpetrator of torture has been brought to justice
> in this context, fear of reprisals expressed by many interlocutors, is of grave concern
> no preventive mechanisms exist, safeguards are totally ineffective, and no compensation and/or rehabilitation is provided in practice

> in addition to the above, a number of steps should be taken in the immediate future to address the most urgent human rights concerns:
> implement the recommendations contained in the report on the 2007 visit of the Working Group on Arbitrary Detention (WGAD) to Equatorial Guinea (A/HRC/7/4/Add.3, para. 100), notably the Government should urgently end secret detention
> revise the national criminal law framework with a view to implementing international minimum standards, including introducing effective habeas corpus proceedings
> reform the judiciary with a view to rendering it independent
> allow civil society organizations to function independently
> strictly separate women from adult men in all places of detention
> bearing in mind the WGAD’s recommendation (m), introduce a juvenile justice system and ensure the strict separation of minors from adults
> introduce proper registration in police detention (to some extent the gendarmerie registers can serve as an example) and establish proper registers in prisons
> issue a transparent set of rules allowing for regular family visits in all places of detention
> minimize the use of solitary confinement (see also A/63/175, paras 77-85 and annex) and refrain from using leg irons and other restraints
> improve conditions in police and gendarmerie custody facilities, notably provide food and drinking water and ensure that detainees have access to medical care as well as toilets and sanitary facilities
> regarding foreigners, the SR Torture wishes to reinforce the recommendation of the WGAD (l) to avoid the detention of foreigners, where possible and to fully afford detained immigrants all the rights recognized by international instruments to persons deprived of liberty, including their right to contact their consular representations
> refrain from using secret detention and abductions in neighbouring countries
> abolish the death penalty

c) poor conditions in detention facilities, especially those under control of military authorities
c) practice of imposing forced labour on inmates of various detention facilities

On the basis of the situation encountered during its visit to the country and the conclusions set out above, the WG invites the Government of the Republic of Equatorial Guinea to consider and apply the following recommendations:

r) the national budget should guarantee the resources required to ensure the effective functioning of the justice administration system as well as the prison and police detention system
r) the necessary resources should be made available to ensure the provision of sufficient and adequate food, medical care, sanitation facilities and minimum conditions of habitability for persons detained in prisons and police stations

> SR Torture expresses his gratitude for the invitation extended by the Government, which he interprets as a sign of the Government’s preparedness to subject its places of detention to independent scrutiny by an external, objective expert
> He further notes the existence of a comprehensive law prohibiting torture and providing for the prosecution of torturers adopted in 2006 and the improvements in the physical conditions of prisons

> in addition to the above, a number of steps should be taken in the immediate future to address the most urgent human rights concerns:
> implement the recommendations contained in the report on the 2007 visit of the Working Group on Arbitrary Detention (WGAD) to Equatorial Guinea (A/HRC/7/4/Add.3, para. 100), notably the Government should urgently end secret detention
> revise the national criminal law framework with a view to implementing international minimum standards, including introducing effective habeas corpus proceedings
> reform the judiciary with a view to rendering it independent
> allow civil society organizations to function independently
> strictly separate women from adult men in all places of detention
> bearing in mind the WGAD’s recommendation (m), introduce a juvenile justice system and ensure the strict separation of minors from adults
> introduce proper registration in police detention (to some extent the gendarmerie registers can serve as an example) and establish proper registers in prisons
> issue a transparent set of rules allowing for regular family visits in all places of detention
> minimize the use of solitary confinement (see also A/63/175, paras 77-85 and annex) and refrain from using leg irons and other restraints
> improve conditions in police and gendarmerie custody facilities, notably provide food and drinking water and ensure that detainees have access to medical care as well as toilets and sanitary facilities
> regarding foreigners, the SR Torture wishes to reinforce the recommendation of the WGAD (l) to avoid the detention of foreigners, where possible and to fully afford detained immigrants all the rights recognized by international instruments to persons deprived of liberty, including their right to contact their consular representations
> refrain from using secret detention and abductions in neighbouring countries
> abolish the death penalty

c) legal restrictions on availability of family planning services give rise to high rates of pregnancy and illegal abortion which are one of principal causes of maternal mortality