E/CN.4/2000/9/Add.4
page 9
released, nor transferred to a prison or another police station. After several hours,
Ali Mohammed Hassan was eventually returned to the police headquarters by police officers.
He informed the Special Rapporteur that he had been hidden from the Special Rapporteur at the
Chief’s office and that another man, Abubakar Abdi Noor (see annex), who was in a critical state
of health, was still detained there. According to the cells register, Abubakar Abdi Noor had been
taken to court on 27 September. Contrary to entries on suspects who had been taken to court, no
mention of the time of his transfer to court had been written down in the cells register. The
Special Rapporteur informed the OCPD that he was not going to leave the police headquarters
before having seen this person. At 2.30 a.m., Abubakar Abdi Noor was eventually produced
before the Special Rapporteur. No explanation was given by the police officers present, who
admitted, however, that both men had been detained at the Chief’s office. The Special
Rapporteur believes that these two persons were intentionally hidden from him because of the
treatment they had been subjected to and that others may have either been released or transferred
to other places of detention for the same reason. His belief is reinforced by the fact that
two persons who had been detained at the Garissa police headquarters and had been transferred
to Garissa GK Prison on 24 September, Issa Suko Abdi and Abdulrashid Hassan (see annex), had
allegedly been tortured while in detention at this police lock-up.
26.
Finally, the person who had been transferred to the hospital (whose name is known to the
Special Rapporteur) had been arrested on 15 September on suspicion of robbery with violence.
On that date the occurrence book recorded that he had received gunshots to his right arm.
According to the occurrence book, he had been taken to the hospital for treatment on
23 September and taken back to the cell on the same day. Despite the fact that the cells register
stated that he had been sick since 24 September, he was eventually taken to the Garissa general
hospital the day of the Special Rapporteur’s visit to the police headquarters (27 September).
When the Special Rapporteur’s team visited him at the hospital the following day, his state of
health did not allow him to be interviewed. According to the medical doctor who had done the
surgery, a plaster had been put on his open wounds which had caused an infection, but it was not
envisaged to amputate his arm.
27.
The Special Rapporteur commended all police officers for the seriousness with which
they are keeping detailed records in the occurrence book and cells register, despite the existence
of serious discrepancies between the reality of the well-being of those detained and the
annotations in these books. According to the Commissioner of Police, both books are checked
daily by the officer-in-charge of a police station, who is therefore in a position to verify that his
subordinates are respecting the rules and to take the necessary disciplinary actions, if need be.
Furthermore, the officer-in-charge is also requested to routinely visit all cells to see the
detainees’ state of health.5 The Special Rapporteur believes that the senior police officers in
charge of most of the police stations he visited had not properly fulfilled their supervisory duties
or had not taken the appropriate actions.
1. Torture compounded by denial of medical treatment
28.
On 22 September at Kikuyu police station, the Special Rapporteur interviewed two girls,
Mary Njeri (aged 17) and Zippora Ndiko (aged 15), whose feet were manifestly swollen and
whose legs bore visible marks of ill-treatment, such as open wounds and haematomas (see
annex). They had reportedly been arrested on 17 September on suspicion of having participated