Index des droits de l'Homme

> 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

> 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) 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

> 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) as far as possible, the detention of foreigners who enter the country without the necessary visa or who remain in the country once their visa has expired should be avoided
r) if the detention is necessary to ensure their expulsion from the country, a reasonable maximum duration of detention should be established
r) during their detention these persons should enjoy all the rights recognized to persons deprived of liberty by international instruments
r) the access of consular representatives to foreigners detained in prisons and police stations should be facilitated, and detainees should be able to communicate with their respective consulates
r) the situation of foreigners held in incommunicado detention should also be reviewed

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

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) Judges and law officers should make periodic visits to prisons and police detention centres and the advisability of establishing criminal enforcement tribunals should be examined

> 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) by virtue of articles 3, 23 paragraph 4, and 26, promote enjoyment by women of all civil and political rights set forth in ICCPR
r) because practice is contrary to article 11 ICCPR put an end to imprisonment of women who do not return dowries when they separate from husbands

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) 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)