Index des droits de l'Homme

c) prostitution continues to thrive, particularly in urban areas
c) lack of adequate enforcement of law and imposition of penalties on those who exploit prostitutes

c) reports of illegal detention and existence of semi‑clandestine detention centres such as those in National Gendarmerie "barracks" at Bata
c) shortcomings of system for recording admissions and releases of detainees

c) discrimination against women in political, social and economic life
c) women are imprisoned if they do not return their dowries on separating from husbands; custody of children is given to husband in event of divorce; joint paternity is not recognized

> Equatorial Guinea has enormous potential for economic development
> the discovery of large oil reserves points to the advent of an era of great economic prosperity in the near future
> however, the WG confirmed, and it could not be otherwise given the recent history of the country, that institution-building is still limited and the human rights culture has not taken sufficient root in institutions, in public moral awareness, or in the attitudes of individual citizens
> the WG considers that there cannot be true development in the country if the current economic growth does not go hand in hand with institution-building, the enforcement of the rule of law and the genuine exercise of human rights

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 possibility of establishing a modern juvenile justice system should be examined and the presence of minors in prisons and detention centres alongside adults should be prohibited

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) take concrete steps and measures aimed at promoting, protecting and strengthening civil society institutions, in particular non-governmental organizations working in the field of human rights;
r) the National Human Rights Commission should be strengthened and granted the facilities necessary to continue its visits to prisons and police detention centres

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 current application procedures for habeas corpus, amparo and constitutional review should be revised and redesigned with a view to making them easier to use and more effective as remedies against violations of constitutional guarantees and human rights, and in particular against arbitrary detention
r) lawyers should be guaranteed free access to police stations in order to be able to interview detainees from the beginning of their detention so that they can exercise these remedies
r) likewise, lawyers’ access to all prisons should be guaranteed

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) bring the legal framework for the organization, functioning and jurisdiction of military courts into line with international principles and standards
r) in that connection, the jurisdiction of military courts should be limited exclusively to military offences committed by armed forces personnel and they should have no jurisdiction to try civilians
r) disputes as to the jurisdiction of military courts, in particular with regard to appeals against detention, should be settled by civil courts
r) the need to draft and promulgate a modern code of military justice that is consistent with the Constitution and the international instruments in force should be considered

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) it is necessary to establish by law an independent judiciary
r) all the necessary measures should be taken to guarantee, in law and in practice, the independence of judges, prosecutors and lawyers, in accordance with the Basic Principles on the Independence of the Judiciary and the Basic Principles on the Role of Lawyers adopted by the General Assembly in 1985 and 1990, respectively
r) in that connection, the possibility of revising the Judiciary Organization Act should be studied
r) the objective conditions in which competitive examinations for the appointment of judges and law officers are to be conducted shall be established by law, as shall the disciplinary measures to which they could be liable, in order to guarantee their independence and irremovability

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) resolve the situation of the deprivation of liberty of individuals detained for simply exercising a right recognized by international human rights law, such as the right to freedom of opinion and expression, the right of assembly, the right of association and political participation (the exercise of which rights cannot be punished)

> 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

c) reports of numerous military roadblocks; requirement to obtain visa to leave State; practice of internal political exile; right to freedom of movement is still restricted

c) substantiated accusations of systematic torture and ill-treatment and use of statements and confessions obtained through torture